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: Whenever any notice is required or permitted hereunder, such notice must be in writing and personally delivered or sent by mail. Any such notice required or permitted to be delivered hereunder shall be deemed to be delivered on the date on which it is personally delivered, or, whether actually received or not, on the third Business Day after it is deposited in the United States mail, certified or registered, postage prepaid, addressed to the person who is to receive it at the address which such person has theretofore specified by written notice delivered in accordance herewith. Company or Employee may change, at any time and from time to time, by written notice to the other, the address which it or he had previously specified for receiving notices.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In order to be eligible to receive any benefits under Section 2, Employee must (i) execute and return a general waiver and release in substantially the form attached hereto as EXHIBIT A or EXHIBIT B, as appropriate (a “ Release ”), to the Company within the applicable time period set forth therein and (ii) not revoke the Release within the revocation period (if any) set forth therein; provided, however , that in no event may the applicable time period or revocation period extend beyond sixty (60) days following Employee’s date of termination. The Company, in its sole discretion, may modify the form of the Release to comply with applicable law and will determine the form of the Release, which may be incorporated into a termination agreement or other agreement with Employee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment is intended to bind and inure to the benefit of and be enforceable by Executive, the Company and their respective heirs, successors and assigns, except that Executive may not assign her rights or delegate her obligations hereunder without the prior written consent of the Company.

assistant: Binding Effects
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: chooses to forgo property development, the billboard may remain under the terms of the lease for so long as the landowner wishes. If the landowner chooses to develop the property before the lease expires, Clear Channel may leverage whatever remedies state law provides if the landowner's decision amounts to a breach of the billboard lease. As such, the city has not changed the terms of the billboard lease and it does not owe Clear Channel compensation .... Id. Similarly, here, the City did not alter the terms of Burkhart's lease with Provi dence, and the City does not owe Burkhart compensation. Burkhart attempts to distinguish S%. Louis Park Post No. 5632 by arguing that the removal of the billboard was required by ist., 354 Ill.App.3d 130, 289 Ill.Dec. 850, 820 N.E.2d 626 (2004) (<HOLDING>). Conclusion Burkhart has, in effect, attempted Options: A. holding that the construction of a median in a roadway that causes traffic traveling to and from an abutting property to travel a cireuitous route does not constitute a compensable taking under indiana eminent domain law B. holding that where necessary to enforce the california constitutions requirement of just compensation for a taking courts can disregard statutory eminent domain requirements C. holding that the termination of a billboard lease according to its terms was not a taking of property by eminent domain D. holding that when notice to vacate was insufficient to comply with the terms of the lease lease was not properly terminated before commencement of summary ejectment action E. recognizing that a lease providing for renewal at the termination of the lease did not require the lessee to exercise the option before the lease expired nor did it require renewal at the precise hour of termination but gave the lessee a reasonable time after the termination of the lease in which to make his election

assistant: The best answer is C. holding that the termination of a billboard lease according to its terms was not a taking of property by eminent domain
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Liu, 28 Haw. 145, 148 (1924). Or as the Supreme Judicial Court of Massachusetts has put it, the “‘negligent entrustment’ [of an automobile] as a distinct and specific cause of action is not exclusive of, but, rather, is derived from the more general concepts of ownership, operation, and use of a motor vehicle.” Barnstable County Mutual Fire Insurance Co. v. Lally, 374 Mass. 602, 605-06, 373 N.E.2d 966, 969 (1978). Id. at 340-41, 713 P.2d at 430-31 (some brackets added and some in original) (footnote omitted). In the present case, the ICA held that negligent supervision and neg .1988) (finding “no practical difference” between negligent supervision and negligent entrustment under similar circumstances); Taylor v. American Fire and Cas. Co., 925 P.2d 1279, 1282-83 (Utah Ct.App. 1996) (<HOLDING>), cert. denied, 936 P.2d 407 (Utah 1997). This Options: A. holding that negligent supervision is inseparable from the use of the motor vehicle B. holding that negligent supervision is inextricably intertwined with the motor vehicle involved in the accident and collecting decisions from fourteen other jurisdictions reaching the same holding C. holding that the wcabs decision that an employees motor vehicle accident did not cause his injuries precluded a subsequent tort action on the same issue D. holding that the sensible and popular understanding of what a motor vehicle accident entails necessarily involves the motor vehicle being operated as a motor vehicle E. holding that when a jurisdictional issue arises from the same statute that creates the cause of action or in other words is intertwined with the merits of the case such intertwined jurisdictional question may be resolved pursuant to the same standards as a motion to dismiss under fedrcivp 12b6

assistant: The best answer is B. holding that negligent supervision is inextricably intertwined with the motor vehicle involved in the accident and collecting decisions from fourteen other jurisdictions reaching the same holding
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: Section 409A and the rules and regulations promulgated thereunder, in general, provide for the taxation of certain payments made following the termination of employment of an employee. Section 409A and the rules and regulations promulgated thereunder provide that payments will not be subject to taxation under section 409A if certain conditions are met. It is the intent of the parties that any payments made to the Executive following a termination of employment are to not be subject to taxation under section 409A. Accordingly, this Agreement shall be construed, interpreted and applied so as to accomplish this intent, and also recognizing that there may be future guidance and interpretation of the application of section 409A and the rules and regulations promulgated thereunder by the Internal Revenue Service or the judicial courts.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Mack v. City of Abilene, 461 F.3d 547, 555 (5th Cir.2006); Gonzalez v. Denning, 394 F.3d 388, 391 (5th Cir.2004). 3 . See Kee v. City of Rowlett, 247 F.3d 206, 210 (5th Cir.2001). 4 . Crawford v. Formosa Plastics Corp., 234 F.3d 899, amsey v. Henderson, 286 F.3d 2 (4th Cir.2001) (reversing summary judgment where the plaintiff suffered "incessant racial slurs” including "nigger” and "dumb monkey”); with Turner, 476 F.3d at 348 (finding that the evidence was insufficient to establish a hostile work environment where a supervisor’s comments about inner-city "ghetto children” ceased upon plaintiff's request, and the supervisor’s other arguably racially offensive comments were "isolated incidents”); Harrington v. Disney Reg'l Entm't, Inc., 276 Fed.Appx. 863 (11th Cir.2007) (unpublished) (<HOLDING>). 36 . Faragher, 524 U.S. at 788, 118 S.Ct. Options: A. holding that a single incident in which a coworker squeezed an employees buttocks was not sufficiently severe or pervasive so as to alter the conditions of the victims employment and create an abusive working environment B. holding that conduct of supervisor who grabbed plaintiff on the buttocks and made suggestive comments while she was conversing with another employee was not sufficiently severe or pervasive to alter a term or condition of plaintiffs employment C. holding that the conduct complained of must be an unlawful employment practice under title vii D. recognizing that conduct amounts to actionable sexual harassment only when it is sufficiently severe or pervasive to alter the conditions of the victims employment and create an abusive working environment alteration in original citation omitted E. holding that the only racially offensive conduct the plaintiff complained of being called ghetto by several white colleagues and a manager and once or twice overhearing coworkers being described as monkeys was not pervasive enough to alter the plaintiffs conditions of employment

assistant: The best answer is E. holding that the only racially offensive conduct the plaintiff complained of being called ghetto by several white colleagues and a manager and once or twice overhearing coworkers being described as monkeys was not pervasive enough to alter the plaintiffs conditions of employment
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: None of the transactions contemplated in this Agreement (including the use of the proceeds of the Loans) will violate or result in the violation of Section 7 of the Securities Exchange Act of 1934, as amended, or any regulations issued pursuant thereto, including, without limitation, Regulations T, U and X of the Federal Reserve Board. No Borrower owns or intends to carry or purchase any “margin stock” within the meaning of said Regulation U. None of the proceeds of the loans will be used, directly or indirectly, by any Borrower or any of its Subsidiaries to purchase or carry any ‘security” within the meaning of the Securities Exchange Act of 1934, as amended.

assistant: Use Of Proceeds
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 binding upon the Company and its successors and assigns. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly and perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: F.Supp.2d at 1162-63 (discussing Scottsdale Ins. Co. v. Sullivan Props., Inc. ("Scottsdale I ”), Civ. No. 04-00550 HG-BMK, 2006 WL 505170, at *1 (D.Haw. Feb. 28, 2006)). 22 . As a general matter, the Court notes that Hawai'i construes insurance policies liberally and in favor of the insured. In Guajardo v. AIG Haw. Ins. Co., 118 Hawai'i 196, 187 P.3d 580 (2008), the Hawai’i Supreme Court explained: [B]ecause insurance policies are contracts of adhesion and are premised on standard forms prepared by the insurer’s attorneys, we have long subscribed to the principle that they must be construed liberally in favor of the insured and any ambiguities must be resolved against the insurer. Put another way, the rule is that policies are to be construed in accord with th 94, 1008-09 (App.2007) (<HOLDING>). Consequently, the Court finds that Options: A. holding that erisa does not permit a plaintiff to assert an independent federal common law cause of action such as unjust enrichment to enforce the terms of an erisa plan thus to the extent plaintiffs third cause of action for unjust enrichment is brought pursuant to a federal common law right it must be dismissed B. holding that there is no cause of action in california for unjust enrichment C. holding that a cause of action for unjust enrichment is an action at law where damages are entirely quantifiable by reference to specific numbers set forth in a contract and susceptible of proof by reference to that contract D. holding that the plaintiff may proceed under a claim for breach of contract and unjust enrichment because the defendant admitted the existence of a contract solely for the purposes of summary judgment E. holding that although money had and received and unjust enrichment were pled as separate causes of action they are really the same cause of action

assistant: The best answer is C. holding that a cause of action for unjust enrichment is an action at law where damages are entirely quantifiable by reference to specific numbers set forth in a contract and susceptible of proof by reference to that contract
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Period, Executive shall receive from the Company an annual base salary (“ Annual Base Salary ”) at the rate of $700,000.00, with such salary to be adjusted at such times, if any, and in such amounts as determined by the Board and approved by the Compensation Committee of the Board of Directors of the Company (the “ Compensation Committee ”), provided , however , that Executive’s Annual Base Salary shall not be decreased without Executive’s prior written consent unless the annual salaries of all other Executive Officers are proportionately decreased, but in no event shall the Annual Base Salary be decreased by more than ten percent (10%) of Executive’s Annual Base Salary then in effect. Executive’s Annual Base Salary shall be subject to annual review by the Board during the Employment Term. The Company shall pay the Annual Base Salary to Executive in accordance with the Company’s and RRI’s normal payroll policy.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that Congress intended federal courts to be bound further by state administrative decisions than by decisions of the EEOC. Since it is settled that decisions by the EEOC do not preclude a trial de novo in federal court, it is clear that unreviewed administrative determinations by state agencies also should not preclude such review even if such a decision were to be afforded preclusive effect in a state’s own courts. Kremer, 456 U.S. at 470 n. 7, 102 S.Ct. at 1891 n. 7. The Court thus drew a sharp distinction between state court judgments, which are entitled to deference under the res judicata principles of section 1738, and unreviewed state administrative determinations which are not. See also id. at 487, 102 S.Ct. at 1900 (Blackmun, J., with Brennan & Marshall, JJ., dissenting) (<HOLDING>); id. at 508-09, 102 S.Ct. at 1911-12 (Stevens, Options: A. recognizing this distinction B. recognizing the majority rule C. recognizing majority rule and collecting cases D. recognizing the boggs distinction E. recognizing distinction made by majority

assistant: The best answer is E. recognizing distinction made by majority
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: EMPLOYEE agrees to comply with all provisions of this Agreement and with all laws and to indemnify, defend and hold harmless SYNTEL, its employees, agents, officers, and directors, from and against any and all claims, liabilities, damages, costs, and/or expenses of whatever kind or nature, including without limit court costs and attorney fees, arising out of or related to the failure to so comply other than those claims, liabilities, damages, costs, and/or expenses arising solely from the gross negligence or willful misconduct of SYNTEL.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of stockpiled areas, a washing system, a dust collection system, and loaders, scale house and complex to be together and more track drills and compressors.” [When the ordinance was passed], only the blasting equipment had been placed on site. Id. at *3. Based largely upon the property owner’s description of the operation as a “proposed quarry” and an expert’s characterization of the land as an “embryonic green field operation,” the court ruled that the quarry was not “in operation” at the time of the zoning changes. Id. at *8. V. Diminishing Assets Doctrine When analyzing whether a particular “industrial, commercial or business establishment [is] in operation,” Tenn.Code Ann. § 13-7-208(b), the nature of the business and industry cannot be disregarded. Smith Cnty., 304 S.W.3d at 318-19 (<HOLDING>); Hansen Bros. Enters. v. Bd. of Supervisors, Options: A. holding that a civic center building or recreational building on property dedicated to the city as park property was inconsistent with its use as a park B. holding that landowners testimony based on lot method was properly excluded in condemnation case involving property that owner proposed to develop as mobile home park where subdivision development was speculative C. holding that despite moving mobile homes onto the property a mobile home park was not in operation since regulations required permits to operate such a park and the property owner had not applied for such permits D. holding that an assembler of a mobile home is deemed to be a manufacturer of a finished product that is the mobile home for purposes of determining the applicability of the affirmative causalrelation defense under the aemld E. holding that a municipal corporation was forbidden to construct an auditorium in a park as such construction would practically destroy the lot as a park and convert its use into a public square

assistant: The best answer is C. holding that despite moving mobile homes onto the property a mobile home park was not in operation since regulations required permits to operate such a park and the property owner had not applied for such permits
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: liability. This court has recognized common law liability for psychic injury alone when defendant’s conduct was either intentional or equivalently reckless of another’s feelings in a responsible relationship,[ ]or when it infringed some legally protected interest apart from causing the claimed distress, even when only negligently. The court has found infringements of legal rights in an invasion of privacy, in the negligent removal of the remains of a deceased spouse, and in the negligent delivery of a passport that allowed plaintiff’s child to be taken from this country. But we have not yet extended liability for ordinary negligence to solely psychic or emotional injury not accompanying any actual or threatened physical App 52, 64-66, 887 P2d 836 (1994), rev den 320 Or 598 (1995) (<HOLDING>). The trial court did not err in granting Options: A. holding that legal injury occurred for purposes of negligence action against insurance agent when insurance company rejected the claim B. holding that a tort claim for intentional infliction of emotional distress is distinct from a claim for emotional distress damages under the employment discrimination statute C. holding inter alia that expert testimony was not required to prove damages for emotional distress in an abuse of process claim D. holding that emotional distress damages related to a negligence claim by an insured against an insurance agent should have been stricken E. holding that insurance broker is generally agent of insured

assistant: The best answer is D. holding that emotional distress damages related to a negligence claim by an insured against an insurance agent should have been stricken
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 exempt every alien who seeks to adjust his or her status under § 245(i) after illegally reentering the United States following removal. Where Congress intended § 241(a)(5) not to pose a barrier to adjustment of status for aliens who illegally reentered the United States, it made a special exception to the general rule. Because Lino does not fall within the exception, she is bound by the general rule disqualifying aliens who illegally reentered the country from seeking adjustment of status. Finally, six circuits have held that § 241(a)(5) precludes aliens subject to reinstatement orders from obtaining adjustment of status pursuant to § 245(i). See De Sandoval v. U.S. Attorney Gen., 440 F.3d 1276, 1284-85 (11th Cir.2006); Berrum-Garcia v. Comfort, 390 F.3d 1158, 1163 (10th Cir.2004) (<HOLDING>); Lattab v. Ashcroft, 384 F.3d 8, 21 (1st Options: A. holding that trial court did not have jurisdiction to order reinstatement of previously dismissed action and thus reinstatement order was void and of no effect and previous order of dismissal was still in effect B. holding that petitioners claim is not one to the attorney generals decision or action to execute a removal order either since the facts relevant to their claim took place well before any decision by the attorney general to execute a removal order C. holding that once a petitioners prior removal order has been reinstated he no longer qualifies for any relief under the ina regardless of whether his application was filed before or after the reinstatement decision was made D. holding that since the basis for the respondents order of removal and the denial of relief no longer exists the respondent has presented exceptional circumstances justifying reopening E. holding that a federal court must order arbitration once it is satisfied that an agreement for arbitration has been made and has not been honored

assistant: The best answer is C. holding that once a petitioners prior removal order has been reinstated he no longer qualifies for any relief under the ina regardless of whether his application was filed before or after the reinstatement decision was made
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 amendment, modification, or termination of any provision of this Agreement or any other Loan Document, or any consent to any departure by any Borrower therefrom, shall in any event be effective unless the same shall be in writing and signed by Lender the Lenders and the Credit Party who is a party to this Agreement or such Loan Document (as applicable).

assistant: Amendments
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: 865 F.2d 592 (3d Cir.1989). 52 . We nonetheless share the hope of the court in Davis that medical science will soon progress to the point that "exclusions on a case by case basis will be the only permissible procedure; or, hopefully, methods of control may become so exact that insulin-dependent diabetics will present no risk of ever having a severe hypoglycemic episode.” 692 F.Supp. at 520. But, as Chandler’s two severe hypoglycemic reactions while employed by the City amply demonstrate, it has not yet reached that point. 53 . Collier v. City of Dallas, No. 86-1010, slip op. at 3 (5th Cir. August 19, 1986) (unpublished). 54 . Chiari, 920 F.2d at 315. 55 . Arline, 480 U.S. at 287 n. 16, 107 S.Ct. at 1131 n. 16. 56 . Cf. Wood v. Omaha School Dist., 985 F.2d 437, 438-39 (8th Cir.1993) (<HOLDING>). 57 . Chiari, 920 F.2d at 315; Wood v. Omaha Options: A. holding that evidence of misconduct or a deficient work performance record precluded the plaintiff from establishing a genuine issue of material fact such that a reasonable juror could find for the plaintiff B. holding that there was a genuine issue of material fact precluding summary judgment C. holding that type ii non insulin dependent diabetic plaintiffs raised a genuine issue of material fact by presenting evidence regarding how they could readily monitor their blood sugar levels and maintain them at proper levels during work so as to reduce or eliminate the risk of a hypoglycemic reaction while driving D. holding that dispute regarding material fact is genuine if the evidence is such that a reasonable jury could return a verdict for the nonmoving party E. holding that there was a genuine issue for trial regarding whether individual officers who withheld insulin from a diabetic detainee were deliberately indifferent

assistant: The best answer is C. holding that type ii non insulin dependent diabetic plaintiffs raised a genuine issue of material fact by presenting evidence regarding how they could readily monitor their blood sugar levels and maintain them at proper levels during work so as to reduce or eliminate the risk of a hypoglycemic reaction while driving
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 Superior Court followed the example of Ault to diverge from the federal model by refusing to extend the prohibition against evidence of subsequent remedial measures to strict liability claims, concluding that the logic underlying application of the rule of exclusion in the negligence setting is inconsistent with strict liability theory. As the Superior Court majority noted, the Ault rationale is grounded initially in the theoretical distinction between negligence and strict products liability, principally, the precept that negligence turns upon conduct, whereas the elements of a strict products liability claim focus upon the condition of the product at issue. See generally Ault, 117 Cal.Rptr. 812, 528 P.2d at 1152; Jeep Corp. v. Murray, 101 Nev. 640, 708 P.2d 297, 802 (1985) (<HOLDING>). While courts applying the Ault rationale Options: A. holding that evidence of subsequent measures was admissible to show the feasibility of a design change B. holding that evidence of subsequent remedial conduct to disprove a plaintiffs comparative fault is inadmissible C. holding that any error in the exclusion of evidence is cured by the subsequent admission of the evidence D. holding defendant culpable for the natural and probable consequence of his conduct E. holding that the bar against the admission of evidence of subsequent remedial measures comes into play only where negligence or other culpable conduct is alleged

assistant: The best answer is E. holding that the bar against the admission of evidence of subsequent remedial measures comes into play only where negligence or other culpable conduct is alleged
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, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. Delivery of an executed counterpart to this Agreement by facsimile or other electronic method of transmission shall be as effective as delivery of a manually executed counterpart hereof.

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 General Partner may treat taxes paid by the Partnership on behalf of all or less than all of the Partners, including any taxes imposed under Section 6225 of the Code, either as an advance of a distribution of cash to such Partners or as a general expense of the Partnership, as determined appropriate under the circumstances by the General Partner. Notwithstanding any other provision of this Agreement, the General Partner is authorized to take any action that may be required to cause the Partnership and other Group Members to comply with any withholding requirements established under the Code or any other federal, state or local law including pursuant to Sections 1441, 1442, 1445 and 1446 of the Code, or established under any foreign law. To the extent that the Partnership is required or elects to withhold and pay over to any taxing authority any amount resulting from the allocation or distribution of income to any Partner (including by reason of Section 1446 of the Code), the General Partner may treat the amount withheld as a distribution of cash pursuant to Section 6.3 or Section 12.4(c) in the amount of such withholding from such Partner.

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 legal provision and list the applicable contract clause categories. Provision: The Purchaser is a California professional corporation duly organized, validly existing and in good standing under the laws of the State of California and has all requisite corporate power and authority to own, lease and operate properties and carry on its business.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All covenants, agreements, representations and warranties made by the Borrower in the Loan Documents and in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under any Loan Document is outstanding and unpaid and so long as the Commitments have not expired or terminated. The provisions of Sections 2.12, 2.13, 2.14 and 9.03, this Section 9.05 and Article VIII shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Commitments or the termination of this Agreement or any provision hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Parties represent and warrant that each has the proper authorization and power to enter into this agreement and effect the actions required therein, including, but not limited to, necessary board resolutions or other approvals, as required.

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 closing (the “ Closing ” or the “ Closing Date ”) of the transactions contemplated by this Agreement shall occur on or before such date which is thirty (30) days from the execution of this Agreement, or such other date as the parties shall agree. Such Closing shall take place at a mutually agreeable time and place, and be conditioned upon all of the conditions of the Exchange being met.

assistant: Closings
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 the nonmovant, then summary judgment should not be granted. Anderson, 477 U.S. at 248, 106 S.Ct. at 2510; Burk, 948 F.2d at 492; Woodsmith, 904 F.2d at 1247. With these standards in mind, the court turns to consideration of Susie’s Motion for Summary Judgment. B. Analysis 1. Requirements under ADA, The ADA provides in pertinent part that “[n]o covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual____” 42 U.S.C. § 12112(a). Three criteria must be met in order to establish a violation of this s 7, 541 (N.D.Ill.1993) (denying motion to dismiss ADA claims where plaintiff alleged that defendant law school discriminated against him because of his epilepsy); Reynolds v. Brock, 815 F.2d 571, 573 (9th Cir.1987) (<HOLDING>). For purposes of this summary judgment motion Options: A. holding that exemption under the ada does not preclude liability under the rehabilitation act B. holding under rehabilitation act that epileptics are handicapped individuals C. holding rehabilitation act applicable D. holding that the same standards apply to claims under the ada and under the rehabilitation act E. holding the ada and the rehabilitation act applicable

assistant: The best answer is B. holding under rehabilitation act that epileptics are handicapped individuals
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: time to allow responses to be completed and filed prior to the close of discovery.” (ECF No. 16 at 2.) A party must respond to requests for admission within thirty days after being served. Fed. R. Civ. P. 36(a)(3). Thus, because Defendant did not serve Plaintiff with its requests for admission until November 5, 2015, the Court must reject its argument that the requests are deemed admitted. See, e.g., Allen v. DeRose, No. 1:07-CV-1720, 2009 U.S. Dist. LEXIS 63335, at *3 n. 1, 2009 WL 2230598, at *1 n. 1 (M.DJPa. July 23, 2009) (noting that the plaintiffs discovery request was untimely because he served it only two weeks before the close of discovery); Tech. Dev. Co. v. Onischenko, No. 05-CV-4282, 2009 U.S. Dist. LEXIS 9288, at *6-7, 2009 WL 311162, at *2-3 (D.N.J. Feb. 9, 2009) (<HOLDING>); Nesselrotte v. Allegheny Energy, No. Options: A. holding that any general deadline for completion of discovery facially applies to requests for admissions B. holding whether judge erred in granting summary judgment because discovery requests were outstanding was not preserved when appellant did not ask for a continuance to complete discovery C. holding that not only must discovery requests be reasonably tailored to include only matters relevant to case but discovery requests may not be used as fishing expedition or to impose unreasonable discovery expenses on opposing party D. holding that a discovery exception to a statute of limitation applies only to the discovery of facts not discovery of the law E. holding that the defendants discovery requests were untimely because they were not served in time for the responses to be due before the discovery deadline

assistant: The best answer is E. holding that the defendants discovery requests were untimely because they were not served in time for the responses to be due before the discovery deadline
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: We have never ruled on the question of whether service on a partner’s attorney, when the partnership has not specifically designated the attorney to receive service, can constitute service on the partnership. Several jurisdictions which have ruled on this issue have held that service on a defendant’s attorney will not effect service on the defendant unless that defendant has authorized the attorney to receive such service. See, e.g., Santos v. State Farm Fire & Casualty Co., 902 F.2d 1092, 1094 (2d Cir.1990) (“[Sjervice of process on an attorney not authorized to accept service for his client is ineffective.”) (citing 4A Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure § 1097 (2d ed. 1987)); Leonard v. Stuart-James Co., Inc., 742 F.Supp. 653, 662 (N.D.Ga.1990) (<HOLDING>). We agree with the analysis in those cases and Options: A. holding the rule 4 requirement of delivery to the appropriate united states attorney required personal service not service by certified mail B. holding that service of subpoena on plaintiffs counsel as opposed to the plaintiff himself renders such service a nullity C. holding that service is not avoided by service on a partys attorney as service on an attorney is ineffective unless he has been authorized to accept such service D. holding that an attempted service on the partys counsel was insufficient without proof of the counsels actual authority to receive service E. holding that service of a statecourt summons and complaint after removal to federal court is valid service

assistant: The best answer is C. holding that service is not avoided by service on a partys attorney as service on an attorney is ineffective unless he has been authorized to accept such service
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: competitor) will reap the financial, reputation-related rewards associated with a desirable product. ... It is the source-distinguishing ability of a mark ... that permits it to serve these basic purposes. Qualitex Co. v. Jacobson Products Co., Inc., 514 U.S. 159, 163-64, 115 S.Ct. 1300, 131 L.Ed.2d 248 (1995) (citations omitted). Apparently, the present case marks the first time a circuit court has considered the issue of whether the presence of another’s trademark in the post-domain path of a URL violates trademark law. Several courts have considered the issue of whether the use of another’s trademark in one’s website domain name violates trademark law, and the answer is usually that such use is a violation. See, e.g., PACCAR, Inc. v. TeleScan Tech. LLC, 319 F.3d 243 (6th Cir.2003) (<HOLDING>); Brookfield Communications, Inc. v. West Coast Options: A. recognizing that generic marks are not subject to trademark protection B. holding that district court must separately analyze whether use of metatags alone without the inclusion of those marks in the domain names creates a likelihood of confusion C. holding that the defendants use of the domain name moviebuffcom violated plaintiffs trademark rights in the mark moviebufp D. holding that the defendants reference to the plaintiffs trademark in the metatags of the defendants web page was a violation of trademark law E. holding that defendants use of domain names such as peterbilttruckscom and kenworthnewtruckscom violated plaintiffs trademark rights in the marks peterbilt and kenworth

assistant: The best answer is E. holding that defendants use of domain names such as peterbilttruckscom and kenworthnewtruckscom violated plaintiffs trademark rights in the marks peterbilt and kenworth
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: (1997) (“An inmate shall be released on parole by the written order of the parole board if the board determines . . . there is a reasonable probability that the inmate can be released without detriment to the community or to the inmate; and . . . the inmate is willing and capable of fulfilling the obligations of a law-abiding citizen.”). 17 Without making a determinative decision, we note that the practical application of § 204b to plaintiff presents an instructive comparison to the case at bar. Unlike the current case, if § 204b’s seventy-percent rule had been applied to plaintiff, the statute’s plain terms would have retroactively increased the length of plaintiffs minimum sentence. This, presumably, would violate the Ex Post Facto Clause. Peugh, 569 U.S. at 544, 133 S. Ct. at 2084 (<HOLDING>); see also Puckett v. Abels, 684 So. 2d 671, Options: A. holding that the application of the guidelines in effect at sentencing rather than at the time of defendants conduct does not violate the ex post facto clause even if the current guidelines suggest a harsher sentence because the guidelines are only advisory not binding B. holding that retroactive application of advisory sentencing guidelines violated ex post facto clause because guidelines increased minimum sentencing range C. holding that district court did not violate ex post facto clause in sentencing defendant above guidelines maximum where district court assumed guidelines to be advisory prebooker D. holding that use of the guidelines in effect at time of sentencing does not violate ex post facto clause after booker E. holding that parole guidelines are subject to the ex post facto clause

assistant: The best answer is B. holding that retroactive application of advisory sentencing guidelines violated ex post facto clause because guidelines increased minimum sentencing range
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY HERETO IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF THIS GUARANTY OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER, AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

assistant: Waiver Of Jury Trials
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 show that the report is inaccurate, the case is not ripe for summary judgment. There has to be something resembling a trial on the fact issues in dispute. The majority doubts that de novo review obliges the court to accord a “trial-type hearing” on an issue that the agency was not required to hear in the first instance and in fact did not hear. See Maj.Op. at 698 n. 10. De novo review requires the court to assess the issues “as it does in any civil matter tried to the court.” Weahkee, 587 F.2d at 1265. The court determines the accuracy of a factual matter in a civil action in only one way — by hearing and considering the conflicting evidence. When the court’s judgment on the credibility of witnesses could be determinative, then the court should hear their testimony. See id. at 1266 (<HOLDING>). Other courts addressing amendment actions Options: A. holding that the trial court did not need to conduct an evidentiary hearing when the dispute could be resolved as a matter of law B. holding that jurisdiction exists for determining if disputed facts are material C. holding that the trial court inappropriately resolved the case containing hotly disputed material facts without hearing any testimony from the parties most directly involved D. holding case tried on stipulated facts where order indicated that the parties agreed during telephone hearing with the court that no material issue of fact existed E. holding that under the facts of that case the action primarily involved a custody dispute and therefore that the trial court erred in determining the case by applying the dependency statute

assistant: The best answer is C. holding that the trial court inappropriately resolved the case containing hotly disputed material facts without hearing any testimony from the parties most directly involved
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 controversy, claim, or breach arising out of or relating to this Separation Agreement or the breach thereof shall be settled by arbitration in the State of Maryland in accordance with the rules of the American Arbitration Association for commercial disputes and the judgment upon the award rendered shall be entered by consent in any court having jurisdiction thereof; provided, however, that this provision shall not preclude the Company from seeking injunctive or similar relief from the courts to enforce its rights under the Employment Covenants set forth in Article 5 of the Employment Agreement as incorporated into this Separation Agreement.

assistant: Arbitration