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: bar a class action. The policy at the very core of the class action mechanism is to overcome the problem that small recoveries do not provide the incentive for any individual to bring a solo action prosecuting his or her rights____ True, the FDCPA allows for individual recoveries of up to $1000. But this assumes that the plaintiff will be aware of her rights, willing to subject herself to all the burdens of suing and able to find an attorney willing to take her case. These are considerations that cannot be dismissed lightly in assessing whether a class action or a series of individual lawsuits would be more appropriate for pursuing the FDCPA’s objectives. Mace v. Van Ru Credit Corp., 109 F.3d 338, 344 (7th Cir.1997); see also Cohen v. Uniroyal, Inc., 77 F.R.D. 685, 695 (E.D.Pa.1977) (<HOLDING>). The small average individual losses in this Options: A. holding that tolling applies to a subsequent class action when the prior denial of class certification was based solely on rule 23 deficiencies of the putative representative B. holding that entry of settlement decree without notice to putative class members violated the due process rights of the class members C. holding that where putative class members would either clog court dockets with multiple and scattered suits or not seek redress because their individual losses may be too small the result is unjust and inefficient contrary to the goals of rule 23 favoring the economies of time effort and expense D. holding that putative class members are not parties to an action prior to class certification E. holding that class action was superior to individual suits where class members had relatively small interests and might not have the wherewithal to bring suit to protect their individual rights

assistant: The best answer is C. holding that where putative class members would either clog court dockets with multiple and scattered suits or not seek redress because their individual losses may be too small the result is unjust and inefficient contrary to the goals of rule 23 favoring the economies of time effort and expense
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: a plaintiff to put forward “such weaknesses, implausibilities, inconsistencies, incoherencies, or contradictions in the employer’s proffered legitimate reasons for its action that a reasonable fact-finder could rationally find them unworthy of credence.” Id. (internal quotation and citation omitted; emphasis in the original). Fuentes further explains that “to avoid summary judgment, the plaintiffs evidence rebutting the employer’s proffered legitimate reasons must allow a fact-finder reasonably to infer that each of the employer’s proffered non-discriminatory reasons ... was either a post hoc fabrication or otherwise did not actually motivate the employment action.” Id. at 764 (emphasis in the original); see also Logue v. Int’l Rehab. Assocs., Inc., 837 F.2d 150, 155 (3d Cir.1988) (<HOLDING>). In a footnote, Fuentes allowed for the Options: A. holding that the district court erred in failing to consider all of the employers proffered evidence of legitimate business reasons for the plaintiffs termination B. holding that inconsistency in employers reasons for the termination is an indication of pretext C. holding that there were genuine issues of material fact and reversing the district courts grant of summary judgment because in part the everchanging nature of the proffered reasons given for plaintiffs termination could be viewed as evidence tending to show pretext D. holding that district court erred in failing to consider evidence of secondary considerations E. holding that the conflicting explanations given by defendants agents for the plaintiffs termination were also sufficient to raise a reasonable inference that defendants proffered reasons for the termination were pretextual the inconsistent testimony regarding the motivating reasons for plaintiffs termination cast doubts on the asserted nondiscriminatory legitimate reasons and may alone be sufficient to preclude summary judgment on plaintiffs claim

assistant: The best answer is A. holding that the district court erred in failing to consider all of the employers proffered evidence of legitimate business reasons for the plaintiffs termination
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 of the sale of the AGM Interest to Snake River pursuant to the terms of this Agreement (the " Closing ") shall occur on August 31, 2018, or such other date as shall be agreed upon by Snake River and ASC, at the corporate offices of Snake River or such other place as shall be agreed upon by Snake River and ASC. At the Closing, Snake River shall pay to ASC the Cash Consideration in immediately available funds by wire transfer to an account or accounts that have been designated by ASC to Snake River at least two business days prior to the Closing. In addition, at the Closing, and upon the receipt by ASC of the Cash Consideration, the Notes shall be deemed paid in full, in full and complete satisfaction of all of Valhi's obligations under the Notes, and Valhi shall have no further obligation to Snake River under the Notes.

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 legal provision and list the applicable contract clause categories. Provision: Any and all notices or other communications or deliveries to be provided by the Holders hereunder including, without limitation, any Notice of Conversion, shall be in writing and delivered personally, by facsimile or email, or sent by a nationally recognized overnight courier service, addressed to the Corporation, at Menorat Hamaor 4, 3rd Floor, Tel Aviv, 67448 Israel, facsimile number 972-3-691-7692, email address craigs@inspiremd.com, or such other facsimile number, email address or physical address as the Corporation may specify for such purposes by notice to the Holders delivered in accordance with this Section. Any and all notices or other communications or deliveries to be provided by the Corporation hereunder shall be in writing and delivered personally, by facsimile, email, or sent by a nationally recognized overnight courier service addressed to each Holder at the facsimile number, email address or physical address of such Holder appearing on the books of the Corporation, or if no such facsimile number, email address or physical address appears on the books of the Corporation, at the principal place of business of such 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 or email at the facsimile number or email address specified in this Section prior to 5:30 p.m. (New York City time) on any date, (ii) the date immediately following the date of transmission, if such notice or communication is delivered via facsimile or email at the facsimile number or email address specified in this Section between 5:30 p.m. and 11:59 p.m. (New York City time) on any 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: existence of state created liberty interests compare such evidence on summary judgment or at trial, rather than at the, pleading stage, as in the instant case. See Sandin, 515 U.S. 472, 115 S.Ct. 2293, 132 L.Ed.2d 418; Wilkinson, 545 U.S. 209, 125 S.Ct. 2384, 162 L.Ed.2d 174; Wolff, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935; Bass, 170 F.3d 1312; Rodgers, 142 F.3d 1252; Al-Amin v. Donald, 165 Fed.Appx. 733 (11th Cir.2006) (per curiam). In contrast, in close cases courts are less willing to dismiss claims for failure to allege a state-created liberty interest at the motion to dismiss stage of the proceedings. See Spaulding, 551 Fed.Appx. 984; Wallace, 229 Fed.Appx. at 830; Magluta, 375 F.3d at 1282-83; but see Morales v. Chertoff, 212 Fed.Appx. 888, 889-90 (11th Cir.2006) (per curiam) (<HOLDING>); Smith v. Regional Dir. of Fla. Dep’t of Options: A. recognizing that early release statutes can create a liberty interest protected by due process guarantees B. recognizing that a parents liberty interest in the custody of a child is subject to due process protection C. holding that neither the due process clause nor florida statutes bestowed a liberty interest in prisoners position as a law clerk D. holding that prisoners possess a significant liberty interest in avoiding the unwanted administration of antipsychotic drugs under the due process clause of the fourteenth amendment and identifying procedures which comported with due process E. holding that neither the due process clause nor the equal protection clause of the fourteenth amendment require the appointment of counsel on a petition for discretionary review to a state supreme court

assistant: The best answer is C. holding that neither the due process clause nor florida statutes bestowed a liberty interest in prisoners position as a law clerk
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 represents the entire agreement between the parties regarding the Executive’s opportunity to earn retention awards and merges and supersedes all prior and contemporaneous discussions, agreements and understandings of every nature relating to that subject matter. This Agreement may only be modified or amended in a writing signed by both parties.

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: Any notices required or permitted hereunder shall be given to the appropriate party at the address specified below or at such other address as the party shall specify in writing. Such notice shall be deemed given upon personal delivery to the appropriate address or, if sent by certified or registered mail, seven (7) calendar days after the date of mailing.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: all content included in or made available through any amazon service , such as text , graphics , logos , button icons , images , audio clips , digital downloads , data compilations , and software is the property of amazon or its content suppliers and protected by united states and international copyright laws .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: offense shall not be admitted as evidence in the trial of a subsequent civil action arising out of the same accident or occurrence.” ORS § 41.905. But the Oregon statutes do not otherwise distinguish between guilty and no contest pleas as to misdemeanors versus felonies. Second, Snyder contends that because the term “building” in Oregon’s second degree burglary statute, ORS § 164.215, is defined broadly, this court cannot presume the word “building” is intended in its ordinary sense. This is true under a categorical approach. Under Oregon law, a building, “in addition to its ordinary meaning includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein.” ORS § 164.205(1). See also Mayer, 560 F.3d at 959 (<HOLDING>) (brackets in original); State v. Keys, 244 Or. Options: A. holding that iowa burglary is not categorical burglary as the elements of iowa burglary law are broader than those of generic burglary B. holding that possession of burglary tools is an offense separate from burglary C. holding that burglary is violent felony D. holding that virginia burglary statute comes within definition of generic burglary E. holding that first degree burglary under oregon law is broader than the definition of generic burglary because the statute does not limit burglary to buildings or structures but also includes nonstructures such as booths vehicles boats and aircraft that are regularly or intermittently used as lodgings

assistant: The best answer is E. holding that first degree burglary under oregon law is broader than the definition of generic burglary because the statute does not limit burglary to buildings or structures but also includes nonstructures such as booths vehicles boats and aircraft that are regularly or intermittently used as lodgings
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: There shall be deducted from each payment made under the Plan or other compensation payable to the Participant or Beneficiary all taxes which are required to be withheld by the Company in respect to such payment or this Plan. The Company shall have the right to reduce any payment (or other compensation) by the amount of cash sufficient to provide the amount of said taxes.

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 case excerpt and choose the best holding from the options. Case excerpt: summary judgment on its motion. The court disagrees. The mere fact that a plaintiff, without proving NCP compliance, can prevail on its own motion for partial summary judgment does not mean that a defendant is precluded from obtaining summary judgment dismissing the entire claim when there is no genuine question of fact that NCP compliance is lacking. Because Av-iall will bear the burden at trial of proving NCP compliance, Cooper can move for summary judgment by pointing the court to the absence of evidence of such compliance. If the summary judgment evidence that Aviall produces (viewed favorably to Aviall) is insufficient to establish NCP compliance, Cooper is entitled to summary judgment. See, e.g., Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (<HOLDING>); Little v. Liquid Air Corp., 37 F.3d 1069, Options: A. holding that when there are no genuine issues of material fact summary judgment is appropriate B. holding that there was a genuine issue of material fact precluding summary judgment C. holding that rule 56c requires summary judgment against a party who fails to make a showing sufficient to establish the existence of an element essential to that partys ease and on which that party will bear the burden of proof at trial D. holding that the moving party for summary judgment bears the initial burden of demonstrating the absence of a genuine issue of material fact for trial E. holding that movant is entitled to summary judgment when party with burden of proof fails to establish genuine fact issue

assistant: The best answer is E. holding that movant is entitled to summary judgment when party with burden of proof fails to establish genuine fact issue
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 successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company described in the foregoing sentence or any other successor who becomes bound by this Agreement by operation of law. The terms of this Agreement and all of Executive’s rights hereunder and thereunder shall inure to the benefit of, and be enforceable by, Executive’s personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees and legatees.

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: consistent with the ruling of this Court., As only the City or the Commonwealth may appeal from an adverse ruling by this Court pursuant to Va. Code § 16.1-131.1 and the Court has ruled in their favor, endorsements are dispensed with in accordance with Rule 1:13 of the Rules of the Supreme Court of Virginia. The Clerk is directed to remand this matter to the Chesapeake General District Court and to forward copies of this Memorandum Opinion and Order to all counsel of record and to The Honorable Michael R. Katchmark, Presiding Judge of the Chesapeake General District Court. Entry of this memorandum opinion shall constitute an order of the Court consistent with its directives. It is so ordered. 1 See Parker v. Commonwealth, 24 Va. App. 681, 686-90, 485 S.E.2d 150, 153 — 54 (1997) (<HOLDING>), cert. denied, 523 U.S. 1071. 2 See Options: A. holding that 750170 is not void for vagueness nor constitutionally infirm for overbreadth B. holding va code 182460a is not unconstitutionally vague C. holding residual clause of acca void for vagueness D. holding a law is void for vagueness when it offers no standard of conduct that was possible to know emphasis added E. holding that va code 182603 is not void for vagueness

assistant: The best answer is E. holding that va code 182603 is not void for vagueness
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: his testimony to be true. See Kalubi v. Ashcroft, 364 F.3d 1134, 1137-38 (9th Cir.2004). Maafi failed to demonstrate past persecution. However, he fears arrest and death based on the raid of his Iranian church, his friend’s subsequent death sentence, and the likely seizure of a list identifying him as a Christian. This fear is not an irrational phobia but, rather, is corroborated by the Country Report’s statement that “[ajpostasy, specifically conversion from Islam, may be punishable by death.” Thus, the evidence compels the conclusion that Maafi has an objectively reasonable, well-founded fear of future persecution. See 8 C.F.R. § 1208.13(b); Ladha v. INS, 215 F.3d 889, 896-97 (9th Cir.2000) (as amended); INS v. Cardoza-Fonseca, 480 U.S. 421, 440, 107 S.Ct. 1207, 94 L.Ed.2d 434 (1987) (<HOLDING>). The IJ found that because Maafi failed to Options: A. holding that absent past persecution an alien can demonstrate eligibility for asylum based on a wellfounded fear of future persecution by demonstrating that he or she subjectively fears persecution and that this fear is objectively reasonable B. holding that general crime conditions are not a stated ground for a wellfounded fear of future persecution C. holding that absent a pattern of persecution linked to the applicant persecution of family members is insufficient to demonstrate a wellfounded fear of persecution D. holding that even a ten percent chance of persecution may establish a wellfounded fear E. recognizing that the governments inability to control the source of persecution may support a finding of a wellfounded fear

assistant: The best answer is D. holding that even a ten percent chance of persecution may establish a wellfounded fear
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: initial request, when so evaluated, could not have been reasonably interpreted by the detectives as an invocation of the right to remain silent. In part, the panel concluded that the trial court’s citation to this Court’s decision in State v. Harvey, 121 N.J. 407, 581 A.2d 483 (1990), cert. denied, 499 U.S. 931, 111 S.Ct 1336, 113 L.Ed.2d 268 (1991) , was misplaced. Instead, because of defendant’s willingness to engage in three separate interviews and the absence of any expression by defendant that he had any reluctance to talk to them, the panel concluded that the mere request to speak with a parent could not be interpreted to be an invocation of the right to remain silent in light of more appropriate precedents. See State v. Roman, 382 N.J.Super. 44, 65, 887 A.2d 715 (App.Div.2005) (<HOLDING>), appeal d/ism., 189 N.J. 420, 915 A.2d 1045 Options: A. holding that evidence of a defendants invocation of the right to remain silent ordinarily is not admissible at the defendants criminal trial B. holding that allowing suspect to speak with his wife in the presence of a police officer was not interrogation as it did not fall into any of these categories C. holding that defendants request to speak to his parents was not an invocation of the right to remain silent because defendant never gave the police any indication that he wanted to stop talking only indicating he wanted to take a break from the interrogation to speak with his parents D. holding that prior to engaging in custodial interrogation police must warn a suspect that he has a right to remain silent that any statement he does make may be used as evidence against him and that he has a right to the presence of an attorney either retained or appointed E. holding that a suspects statements to the police to the effect that his constitution will protect him that the police have nothing along with his negative response to a police question whether he had anything to say about what he was being arrested for followed by his question who said i did this did not amount to a clear invocation of the right to remain silent under davis

assistant: The best answer is C. holding that defendants request to speak to his parents was not an invocation of the right to remain silent because defendant never gave the police any indication that he wanted to stop talking only indicating he wanted to take a break from the interrogation to speak with his parents
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: PROVISIONS . If any part of th is Note cannot be enforced , this fact will not affect the rest of the Note . Lender may delay or forgo enfo r cing any of its rights or remedies under this Note witho ut losing them. Borrower and any other pe r son who signs, guaran t ees or endorses this Note, to th e exte nt allowed by la w, waive presentment, dem and for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writi n g, no party who s igns this Not e, whe th er as maker , guarantor, accommodation maker or endorse r, shall be re l eased from liab i l ity. All such parties agree that Lender may renew or extend ( r epeated ly and for any length of time} this loan or re l ease any party or guarantor or collatera l; o r impair, fail to realize upon or pe rfe ct Lender's secu ri ty inter est in the collate r a l ; and take any other action deemed necessary by L ender without the consent of or notice to anyone. All such parties also agree that Lender may mod i fy thi s loan without the consent of or notice to a n yone other than the party with w hom the modifica ti o n i s made . The obligations unde r this Note a re joint and several.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of this Agreement shall extend from the date hereof (the “Commencement Date”) until the first anniversary of the Commencement Date; provided, however, that the term of this Agreement shall automatically be extended for one additional year on the first anniversary of the Commencement Date and each anniversary thereafter unless, not less than 90 days prior to each such date, either party shall have given notice to the other that it does not wish to extend this Agreement; provided, further, that if a Change in Control occurs during the original or extended term of this Agreement, the term of this Agreement shall continue in effect for a period of not less than twelve (12) months beyond the month in which the Change in Control occurred.

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 case excerpt and choose the best holding from the options. Case excerpt: to a class; (2) that she was qualified for and applied for a promotion; (3) that she was rejected despite her qualifications; and (4) that other employees with equal or lesser qualifications who were members of a protected minority were promoted. See Wilson v. Bailey, 934 F.2d 301, 304 (11th Cir.1991); Young v. City of Houston, Texas, 906 F.2d 177, 180 (5th Cir.1990). Reno has produced no evidence, other than her own conclusory assertions, that objectively shows that she was qualified for the position or that she was otherwise denied the promotion despite those qualifications. Without credible evidence demonstrating her qualifications for the Inventory Control Technician position, Reno cannot establish a prima facie case of reverse-race discrimination. See Armendariz, 58 F.3d at 152 (<HOLDING>). Metro’s motion for summary judgment as to Options: A. holding age discrimination claim barred B. holding that age discrimination is not a personal injury tort C. holding that employees subjective belief that age discrimination occurred is insufficient to create a jury issue D. holding that former employees subjective belief that he suffered an adverse employment action as a result of discrimination without more is not enough to survive former employers summary judgment motion E. holding that a party must at least have a subjective belief that litigation was a real possibility and that belief must have been objectively reasonable

assistant: The best answer is C. holding that employees subjective belief that age discrimination occurred is insufficient to create a jury issue
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 Employee represents and warrants to the Company, and the Employee’s signature below will confirm, that performance of the Employee’s obligations as an employee of the Company, or any other matter contemplated by this Agreement, will not conflict with or violate any agreement, court order, obligation or other restriction to which the Employee is a party or is subject. In the event of a demand, claim or proceeding by any third party alleging obligations that are inconsistent with the foregoing confirmation, the Company will have the discretion to terminate the Employee’s employment, and such termination will not be deemed to have been a termination without cause for purposes of any other termination-related obligation, nor result in any liability by the Company or by any of its Affiliates to the Employee (i.e., no severance or any other payments will be due to the Employee hereunder).

assistant: Representations
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: Owner and Manager shall use their respective commercially reasonable efforts to prevent any liens from being filed against the Property as the result of any maintenance, repairs, alterations, improvements, renewals or replacements in, to or of the Property. Both Parties shall cooperate fully in obtaining the release of any such liens.

assistant: Liens
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 delay or omission on the part of the Agent or any Lender in exercising any rights hereunder shall operate as a waiver of such rights or any other rights, and no waiver of any right on any one occasion shall result in a waiver of such right on any future occasion or of any other rights; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) It is the intent of the Parties that each Party will be responsible for its own acts, errors and omissions and that each Party is liable to the other Party for any actual direct damages incurred by the non-breaching Party as a result of the breaching Party’s failure to perform its obligations in the manner required by this Agreement. Notwithstanding the foregoing, no Party will be liable hereunder for, and each Party hereby expressly waives any and all rights with respect to, exemplary, punitive, special, incidental, lost profits, consequential or speculative damages, except to the extent paid in connection with a claim by a third party. Subject to Section 2.4(c) , in no event shall Service Provider’s liability in the aggregate for any and all damages and losses hereunder exceed the total amount billed to the Company or payable by the Company to Service Provider under this Agreement, it being understood that this limitation shall not apply to breaches of the confidentiality provisions set forth in Section 5.2 or in the case of fraud or willful misconduct of Service Provider.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK WITHOUT REFERENCE TO THE CHOICE OF LAW PROVISIONS THEREOF OTHER THAN SECTIONS 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As consideration for our commitments hereunder and each Arranger’s agreement to perform the services described herein, you agree to pay (when due and payable) the non-refundable fees set forth in the Term Sheet and in (i) the original Fee Letter, dated as of October 17, 2017, between MSSF and you, (ii) the Supplemental Fee Letter, dated as of January 8, 2018, among you, MSSF, JPMorgan and Wells, and (iii) the Joinder Fee Letter, dated as of the date hereof among you, the Arrangers and the Initial Lenders (collectively, the “ Fee Letters ”).

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: further , notwithstanding anything in these terms to the contrary , any modification to these terms will be announced on the website prior to the effective date thereof ; provided if you do not express intent to refuse such modification or change after a reasonable period of time following such announcement , it is deemed that you have consented to such modification or change .

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: you authorize us to use automated tools to translate your ebay content and member-to-member communications , in whole or in part , into local languages where such translation solutions are available .

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 Servicer will deliver each notice or certificate received by it or delivered by it under the Servicing Agreement relating to this Supplement or the 2018-B Reference Pool to the Issuer, the Indenture Trustee and the Administrator within five Business Days of receipt or delivery by the Servicer.

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: run afoul of the purposes of statutes of limitations, it does not necessarily follow that equitable estoppel bars Dammann’s defense that the claims are time barred. Application of the doctrine of equitable estoppel relates to Dammann’s actions rather than IFF’s; in order for the doctrine to apply, Dammann must have tricked IFF into forgoing a timely filing of the claims or have led IFF to believe that its claims were properly and timely filed. As the Supreme Court of New Jersey recently explained, With regard to procedural and substantive statutes of limitations, our case law reveals that the doctrine of equitable tolling of limitations periods has been applied only in narrowly-defined circumstances. See, e.g., Price v. N.J. Mfrs. Ins. Co., 182 N.J. 519, 525-27, 867 A.2d 1181 (2005) (<HOLDING>); Freeman v. State, 347 N.J.Super. 11, 31, 788 Options: A. holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling B. holding that the petitioner was not entitled to equitable tolling where he filed his habeas petition more than two months late C. holding that equitable tolling applied where insurance company statements and conduct lulled plaintiff and his attorney into believing that plaintiffs uninsured motorist claim was properly filed D. holding that petitioner was entitled to equitable tolling where former counsel actively deceived petitioner over several months into believing he was diligently pursuing petitioners legal remedies when in fact he was not E. recognizing equitable tolling in the title vii context where the plaintiff has been deceived lulled into inaction actively misled or has in some extraordinary way been prevented from asserting his or her rights quotations and citations omitted

assistant: The best answer is C. holding that equitable tolling applied where insurance company statements and conduct lulled plaintiff and his attorney into believing that plaintiffs uninsured motorist claim was properly filed
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: codefendants where ‘there is such an identity be tween the debtor and the third-party defendant that the debtor may be said to be the real party defendant and that a judgment against the third-party defendant will in effect be a judgment or finding against the debtor.’ ” (quoting A.H. Robins Co. v. Piccinin, 788 F.2d 994, 999 (4th Cir.1986))). The party invoking the stay has the burden to show that it is applicable. See 2 William L. Norton, Jr., Norton Bankruptcy Law and Practice § 43:4 (3d ed. Supp. 2010) (noting that in bankruptcy court proceedings, “the party seeking to extend the stay will bear the burden to show that ‘unusual circumstances’ exist warranting such an extension of the stay to a nondebtor”); see also Arnold v. Garlock, Inc., 278 F.3d 426, 436 (5th Cir.2001) (<HOLDING>). District courts may also exercise their Options: A. recognizing such balance of interests B. holding that the debtor in possession could utilize the strongarm powers of the trustee to avoid an unperfected security interest even though the debtor knew of the interest prior to bankruptcy because the two are distinct entities and the debtor in possessions responsibility is to preserve the estates assets for the benefit of the creditors C. holding that because the legislature had set up no machinery by which taxation of leasehold interests in public property could be carried into effect the legislature had not exercised its power to tax such interests and thus an injunction against maricopa countys assessment of taxes on such interests was appropriate D. holding that the defendant had no interest to establish such an identity of interests with the debtor E. holding despite contrary authority that husband debtor with a mere possessoiy interest was not entitled to claim a homestead exemption and stating it is a fundamental tenet of the law of exemptions that the debtor must have an ownership interest in the property before an exemption may be claimed a long line of illinois cases has required that a debtor have title or some ownership interest in property in order to claim a homestead exemption other courts deciding the issue under the federal exemption scheme have held that the key word is interest and that an interest in real property up to a specified amount implies a monetary interest more than just one spouses right to reside with the other

assistant: The best answer is D. holding that the defendant had no interest to establish such an identity of interests with the debtor
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: Without prejudice to the survival of any other agreement of the Credit Parties hereunder, the agreements and obligations of the Credit Parties contained in this Section shall survive the payment in full of the Obligations and the termination of the Term Loan Commitment.

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: If any restriction set forth in herein is found by any court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to render the modified restriction valid, legal and enforceable. The parties intend that the non-competition and non-solicitation provisions contained in this Agreement shall be deemed to be a series of separate covenants, one for each and every county of each and every state of the United States of America and each and every political subdivision of each and every country outside the United States of America where this provision is intended to be effective.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that were attached to her affidavit and which apparently consisted of defendant’s business records produced during the course of discovery. The court disregarded the exhibits on the basis that Ms. Taylor had “failed to comply with Rule 56(e)’s requirement that documents must be authenticated by ... the affidavit.” Aplt.App. at 5. Rule 56(e) requires that documents referred to in an affidavit be “sworn or certified copies of all papers or parts thereof,” thus Ms. Taylor was required to identify, under oath, the source of the documents and that they had not been altered. In his motion for summary judgment, defendant timely' objected to Ms. Taylor’s failure to properly authenticate the documents in her affidavit. See Noblett v. Gen. Elec. Credit Corp., 400 F.2d 442, 445 (10th Cir.1968) (<HOLDING>). But Ms. Taylor did not simply correct the Options: A. recognizing that a partys lack of response to a motion or argument therein is grounds for the district court to assume opposition to the motion is waived and grant the motion B. holding failure to raise issue of improper measure of damages in trial court waived review of complaints that proper measure of damages was not submitted to jury and that plaintiff failed to present evidence on the proper measure C. holding that an affidavit that does not measure up to the standards of rule 56e is subject to a motion to strike and formal defects are waived in the absence of a motion or other objection D. holding that a motion to strike testimony filed the following day does not constitute a timely objection under fed r evidence 103a E. holding the trial courts failure to convert a motion to dismiss into a motion for summary judgment after an affidavit was filed in response to the motion was harmless error where the affidavit had no impact on thedecisive statute of frauds issue

assistant: The best answer is C. holding that an affidavit that does not measure up to the standards of rule 56e is subject to a motion to strike and formal defects are waived in the absence of a motion or other objection
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: (1965); Hoffman, 268 F.2d at 296-97; Townes v. City of New York, 176 F.3d 138, 147 (2d Cir.1999). Thus, the cryptic reference to the common law in Malley’s footnote 7 would appear to preclude judicial action as a superseding cause only in the situation in which the information, submitted to the judge, was deceptive. Egervary also cites case law from other circuits to argue that, because each of the defendants allegedly participated in one way or another in making representations to the District Judge prior to the execution of the Order, all of the defendants should be held liable for the subsequent deprivation of his rights. These cited cases, however, are not inconsistent with the conclusion we reach above. The cited cases include Zahrey v. Coffey, 221 F.3d 342, 353-54 (2d Cir.2000) (<HOLDING>); Warner v. Orange County Dep’t of Probation, Options: A. holding that the district court abused its discretion in denying the defendants timely motion for the substitution of the participating prosecutor in order to permit the defense to call the prosecutor as a witness B. holding that the chain of causation was not broken where the prosecutor allegedly fabricated evidence C. holding that it was permissible for prosecutor to comment on the general failure of the defense to produce any evidence D. holding that the race of the prosecutor is irrelevant E. holding the prosecutor is required to present exculpatory evidence to the grand jury

assistant: The best answer is B. holding that the chain of causation was not broken where the prosecutor allegedly fabricated evidence
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: agencies and the [SEC] shall jointly prescribe regulations.” 15 U.S.C. § 78o-11(b)(1) (emphasis added). Nothing in the Administrative Record suggests that the agencies did not fulfill the congressional mandate to jointly adopt uniform rules. See A.R. at JA2167 (79 Fed. Reg. at 77602) (“The OCC, Board, FDIC, [SEC], FHFA, and HUD ... are adopting [this] joint final rule ....”). Because this case presents a situation in which six agencies with overlapping expertise were explicitly tasked by Congress to jointly draft and adopt regulations as part of a coordinated endeavor, this Court declines to conclude that Chevron is not applicable simply because more than one agency was involved in the rulemaking. See Individual Reference Servs. Grp., Inc. v. FTC, 145 F.Supp.2d 6, 24 (D.D.C. 2001) (<HOLDING>), aff'd sub nom. Trans Union LLC v. FTC, 295 Options: A. holding that where the subject matter of the statute falls squarely within the agencies areas of expertise and the regulations were issued as a result of a statutorilycoordinated effort among the agencies chevron is the governing standard B. holding that the mustbill policy is a reasonable implementation of the reimbursement system and consistent with the governing statute and regulations C. holding regulations entitled to chevron deference D. holding that because the fcc is authorized to promulgate binding legal rules and it issued the order under review in the exercise of that authority its interpretation of the communications act was entitled to chevron deference E. holding that where the basis of state claims for medical malpractice relates to the administration of plan benefits those claims fall squarely within the scope of erisa

assistant: The best answer is A. holding that where the subject matter of the statute falls squarely within the agencies areas of expertise and the regulations were issued as a result of a statutorilycoordinated effort among the agencies chevron is the governing standard