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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company, whether or not the transactions contemplated hereunder are consummated or this Agreement is terminated, in accordance with the provisions of Section 11 hereunder, will pay the following expenses all incident to the performance of its obligations hereunder, including, but not limited to, expenses relating to (i) the preparation, printing and filing of the Registration Statement and each amendment and supplement thereto, of each Prospectus and of each amendment and supplement thereto, (ii) the preparation, issuance and delivery of the Placement Shares, (iii) the qualification of the Placement Shares under securities laws in accordance with the provisions of Section 7(d) of this Agreement, including filing fees (provided, however, that any fees or disbursements of counsel for Cowen in connection therewith shall be paid by Cowen except as set forth in (vii) below), (iv) the printing and delivery to Cowen of copies of the Prospectus and any amendments or supplements thereto, and of this Agreement, (v) the fees and expenses incurred in connection with the listing or qualification of the Placement Shares for trading on Nasdaq, (vi) the filing fees and expenses, if any, of the Commission, (vii) the filing fees and associated legal expenses of Cowen’s outside counsel for filings with the FINRA Corporate Financing Department, such legal expenses to be reasonable and documented and such reimbursement not to exceed $12,500 and, (viii) the reasonable fees and disbursements of Cowen’s counsel in an amount not to exceed $50,000, provided, however, in no event shall the total compensation paid to Cowen, including the reimbursement of fees set forth in clauses (vii) and (viii) above, exceed 8.0% of the gross proceeds to the Company from the sale of Placement Shares.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Offer Letter may not be amended or modified except (a) by an instrument in writing signed by, or on behalf of, the Party that expressly references the Section of this Offer Letter to be amended; or (b) by a waiver in accordance with Section 5.5 .

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 legal provision and list the applicable contract clause categories. Provision: There is no litigation, arbitration, governmental investigation, proceeding or inquiry pending or, to the knowledge of any of their Authorized Officers, threatened against or affecting the Borrower or any of its Subsidiaries which could reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any Loans.

assistant: Litigations
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 capitalization of the Company is as set forth in the SEC Reports. The Company has not issued any capital stock since its most recently filed periodic report under the Exchange Act, other than pursuant to the exercise of employee stock options under the Company’s stock option plans, the issuance of shares of Common Stock to employees pursuant to the Company’s employee stock purchase plans and pursuant to the conversion and/or exercise of Common Stock Equivalents outstanding as of the date of the most recently filed periodic report under the Exchange Act. No Person has any right of first refusal, preemptive right, right of participation, or any similar right to participate in the transactions contemplated by the Transaction Documents. Except as a result of the purchase and sale of the Securities, there are no outstanding options, warrants, scrip rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities, rights or obligations convertible into or exercisable or exchangeable for, or giving any Person any right to subscribe for or acquire, any shares of Common Stock or the capital stock of any Subsidiary, or contracts, commitments, understandings or arrangements by which the Company or any Subsidiary is or may become bound to issue additional shares of Common Stock or Common Stock Equivalents or capital stock of any Subsidiary. The issuance and sale of the Securities will not obligate the Company or any Subsidiary to issue shares of Common Stock or other securities to any Person (other than the Purchasers) and will not result in a right of any holder of Company securities to adjust the exercise, conversion, exchange or reset price under any of such securities. There are no outstanding securities or instruments of the Company or any Subsidiary that contain any redemption or similar provisions, and there are no contracts, commitments, understandings or arrangements by which the Company or any Subsidiary is or may become bound to redeem a security of the Company or such Subsidiary. The Company does not have any stock appreciation rights or “phantom stock” plans or agreements or any similar plan or agreement. All of the outstanding shares of capital stock of the Company are duly authorized, validly issued, fully paid and nonassessable, have been issued in compliance with all applicable federal and state securities laws, and none of such outstanding shares was issued in violation of any preemptive rights or similar rights to subscribe for or purchase securities. No further approval or authorization of any stockholder, the Board of Directors or others is required for the issuance and sale of the Securities. There are no stockholders agreements, voting agreements or other similar agreements with respect to the Company’s capital stock to which the Company is a party or, to the knowledge of the Company, between or among any of the Company’s stockholders.

assistant: Capitalization
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 must sign into the xbox services ( defined in section 14 ( a ) ( i ) ) at least once in a five-year period to keep the gamertag associated with your microsoft account .

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: Each Loan Party will, and will cause each Subsidiary to comply with each Requirement of Law applicable to it or its property (including without limitation Environmental Laws), except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. Each Loan Party will maintain in effect and enforce policies and procedures designed to ensure compliance by such Loan Party, its Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions.

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: the insurance,” in which case “such proceeds or cash surrender are only exempt as permitted by Section 15-41-30.” These amendments indicate a specific intent by the General Assembly to create an exemption in the statute for cash surrender value. Although the exemption statutes addressing life insurance vary widely from state to state, the case law interpreting these statutes does provide some guidance. See In re Sims, 421 B.R. at 753 (“Cases construing life insurance exemption statutes in other states also aid the court in construing [§ 38 — 63—40(A)].”) Other courts addressing similar exemption statutes have concluded that a debtor may claim an exemption for cash surrender value as the owner and insured of the policy. In re Johnson, 274 B.R. 473, 475-76 (Bankr.E.D.Mich.2002) (<HOLDING>); In re Grace, 273 B.R. 570, 572 Options: A. holding that the debtorinsured was entitled to exempt the cash surrender value of her life insurance policy naming her dependent son as a beneficiary under illinois statute providing exemption for all proceeds payable because of the death of the insured and the aggregate cash value of any or all life insurance policies payable to a wife or husband of the insured or to a child parent or other person dependent upon the insured B. holding that where the policy names only the directors or officers as insured the proceeds are not property of the estate C. holding that where the debtor is the owner of a policy insuring his own life and listing his wife as the beneficiary upon his death the proceeds of the policy including the cash value thereof are exempt from the claims of the insureds creditors D. holding that a debtor in bankruptcy may claim as exempt the cash surrender value of a life insurance policy insuring the life of the debtor that is payable to a beneficiary other than the debtor under dccode ann 314716a2001 despite the absence of the term cash surrender from the statute E. holding that 567203 did not exempt life insurance proceeds paid to the debtor spouse against the claims of her own creditors

assistant: The best answer is C. holding that where the debtor is the owner of a policy insuring his own life and listing his wife as the beneficiary upon his death the proceeds of the policy including the cash value thereof are exempt from the claims of the insureds creditors
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: rise to the application of a subjective test.” Swanson, 135 F.3d at 701. Such a system is one in which case-by-case inquiries are routinely made, such that there is an “individualized governmental assessment of the reasons for the relevant conduct” that “invite[s] considerations of the particular circumstances” involved in the particular case. Smith, 494 U.S. at 884, 110 S.Ct. 1595. Perhaps the best example of such a system, and indeed the one in which this exception originated, is a system of unemployment benefits which requires claimants to show “good cause” as to why they are unable to find work. In Sherbert v. Verner, 374 U.S. 398, 83 S.Ct. 1790, 10 L.Ed.2d 965 (1963), a Seventh Day Ad . But see Fraternal Order of Police v. City of Newark, 170 F.3d 359, 364-66 (3d Cir.1999) (<HOLDING>). While of course it takes some degree of Options: A. holding that 522 permits states only to adopt uniform exemptions B. holding that a regulation prohibiting excavations below groundwater level was not a taking because the regulation only limited some forms of development but did not decrease market value C. holding that because a police department regulation prohibiting beards allowed for medical exemptions but not religious exemptions it was not generally applicable under smith D. holding that dol regulations related to flsa exemptions are enforceable E. holding that the districts facial hair regulation was discriminatory as applied to the firefighter although the department was not precluded from promulgating a reasonable grooming regulation equally applied to all requiring beards to be neatly trimmed

assistant: The best answer is C. holding that because a police department regulation prohibiting beards allowed for medical exemptions but not religious exemptions it was not generally applicable under smith
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: Because of the interrelated nature of the actions of Producer and Gatherer required to obtain the necessary Permits from the appropriate Governmental Authorities and the necessary consents, rights of way and other authorizations from other Persons necessary to drill and complete each Well and construct the required extensions of the Gathering System to each Planned CDP, Producer and Gatherer agree to work together in good faith to obtain such Permits, authorizations, consents and rights of way as expeditiously as reasonably practicable. Producer and Gatherer further agree to cooperate with each other and to communicate regularly regarding their efforts to obtain such Permits, authorizations, consents and rights of way.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In order to facilitate the resolution of any Claims made against or incurred by the Seller prior to the Closing, or for any other reasonable purpose, for a period of six (6) years after the Closing, the Purchaser shall retain the Assigned Books and Records (including personnel files) relating to periods prior to the Closing in a manner reasonably consistent with the prior practices of the Business, and, upon reasonable notice, afford the Seller reasonable access (including the right to make, at the Seller’s expense, photocopies), during normal business hours, to such Books and Records.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for the project. Symons, 94 N.C. App. at 541-42, 380 S.E.2d at 551. The subcontractor failed to pay the supplier for the costs of the equipment. Id. This Court held that the surety on a bond executed by the project’s general contractor was liable to the supplier for these equipment costs. Id. at 546, 380 S.E.2d at 553; see also Beachcrete, Inc. v. Water St. Ctr. Assocs., L.L.C., 172 N.C. App. 156, 159, 615 S.E.2d 719, 721 (2005) (permitting subcontractor to recover under payment bond, despite not being a party to the payment bond, where the bond “expressly state [d] that it was for ‘the benefit of any subcontractor, materialman or laborer.’ ”); Boatwright Distribution & Supply, Inc. v. N. State Mech., Inc., No. COA09-1077, 2010 WL 3464837 (N.C. Ct. App. Sept. 7, 2010) (unpublished) (<HOLDING>). In the instant case, NCDOT required APAC to Options: A. holding that a paywhenpaid clause does not preclude a subcontractors recovery under the miller act payment bond because the federal legislation conditions payment of the subcontractor not on payment by the government to the contractor but rather on the passage of time from completion of the work or provision of materials B. holding that taxable costs included only the premium on a surety bond posted on appeal not the fees paid for letters of credit to secure the bond where the state statute and court rule only specifically allowed for premium on any surety bond C. holding that surety was liable to subcontractor on payment bond because payment bond applied to any claimant who among other things supplied materials that were reasonably required for use in the performance of the subcontract D. holding that a performance bond surety was allowed to sue the government based on the doctrine of equitable subrogation E. holding that the defendants were entitled to recover as costs not only bond premiums but the additional cost to obtain a letter of credit that was required by the surety as collateral before the issuance of bond

assistant: The best answer is C. holding that surety was liable to subcontractor on payment bond because payment bond applied to any claimant who among other things supplied materials that were reasonably required for use in the performance of the subcontract
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: Seller and Buyer agree to maintain in strict confidence any and all information any party hereto learns or discovers about any other party hereto (or any party) or its respective Affiliates during the course of the negotiation, execution and delivery of this Agreement. This Section 11.10 shall not apply to any information that is, or could reasonably be, learned or discovered through any independent source that is not obligated to maintain such information as confidential.

assistant: Confidentiality
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 Separation Agreement, together with any agreements between you and the Company governing your restricted stock units and stock options (the “Equity Documents”), including the new stock options contemplated by this Separation Agreement, your Employee Noncompetition, Confidentiality and Inventions Agreement with the Company, your Indemnification Agreement with the Company, and the Release, embodies the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior oral or written agreements and understandings relating to the subject matter hereof, including without limitation the Employment Agreement, which is hereby terminated. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in this Separation Agreement will affect, or be used to interpret, change or restrict, the express terms and provisions of this Separation Agreement. In the event of any inconsistency between agreements, this Separation Agreement will prevail.

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: Each party hereto agrees to, and shall cause its Representatives to, keep confidential and not divulge any Information, and to use, and cause its Representatives to use, such Information only in connection with the operation of the Company and its Subsidiaries; provided that nothing herein shall prevent any party hereto from disclosing such Information ( a ) upon the order of any court or administrative agency, ( b ) upon the request or demand of any regulatory agency or authority having jurisdiction over such party, ( c ) to the extent required by law or legal process or required or requested pursuant to subpoena, interrogatories or other discovery requests, ( d ) to the extent necessary in connection with the exercise of any remedy hereunder, ( e ) to other Stockholders, ( f ) to such party’s Representatives that in the reasonable judgment of such party need to know such Information or ( g ) to any potential transferee of Common Stock of a Stockholder to whom such proposed Transfer would be permitted in accordance with Section 3.3 as long as such potential transferee of Common Stock of a Stockholder agrees to be bound by the provisions of this Section 3.1 as if a Stockholder; provided further that, in the case of clause (a), (b) or (c), such party shall notify the other parties hereto of the proposed disclosure as far in advance of such disclosure as practicable and use reasonable efforts to ensure that any Information so disclosed is accorded confidential treatment, when and if available.

assistant: Confidentiality
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: however , an arbitrator can award on an individual basis the same damages and relief as a court ( including injunctive and declaratory relief or statutory damages ) , and must follow the terms of these conditions of use as a court would .

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: OPINION PER CURIAM. We have for consideration proposed amendments to the Florida rules of court and forms intended to minimize the amount of unnecessary personal information included in documents filed with the courts. Reducing the amount of extraneous personal information in court records is another necessary step in the Court’s ongoing effort to provide the public with electronic access to nonconfidential court records. As part of that effort, we re cently adopted procedures that allow clerks of court to readily identify and screen from the public confidential information filed with the courts and refine the procedures for sealing and unsealing court records. See In re Amends, to Fla. Rule of Jud. Admin. 2420 & Fla. Rules of App. Pro., 31 So.3d 756, 757 (Fla.2010) (<HOLDING>). The amendments at issue here further Options: A. holding that electronic records may be subject to a claim for conversion B. recognizing that refinement of rule governing confidential court records was a necessary step in providing the public electronic access to court records C. recognizing that certain conditions including rule amendments must be met before goal of providing the public electronic access to court records can be achieved D. recognizing that intent of public records act is to provide all citizens with access to the records of all public governmental bodies E. holding that municipal court records were admissible under official records or public documents exception

assistant: The best answer is B. recognizing that refinement of rule governing confidential court records was a necessary step in providing the public electronic access to court records
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: juror who had in fact been contacted did just that. We therefore conclude that the district court abused its discretion by failing to conduct an adequate evidentiary hearing into the allegations of extraneous influences on the jury pursuant to the holding in Remmer. It is true that the defendants did not expressly request a Remmer hearing below. The district court, however, was fully aware of the nature of Shabazz’s claims, and Corrado and Tocco plainly stated their objections to the district court’s three-question proposal in their motions for a mistrial and for a new trial. Given these circumstances and the serious nature of the claims of jury misconduct, it was the district court’s duty to order a hearing sua sponte. See United States v. Davis, 177 F.3d 552, 556-57 (6th Cir.1999) (<HOLDING>); Rigsby, 45 F.3d at 124-25 (“When there is a Options: A. holding that district court abused its discretion by failing to conduct an adequate evidentiary hearing into the allegations of extraneous influences on the jury pursuant to the holding in remmer and remanding for a hearing at which the defendant should be accorded the opportunity to question the jurors individually and under qath B. holding that the emergence of a credible claim of extraneous influence on a jury imposed a duty on the district court to conduct a remmer hearing despite the fact that the defendants had not expressly requested such a hearing below C. holding that allegations of influence by an unnamed person outside the jury required the holding of an evidentiary hearing to determine extrinsic influence D. recognizing a remmer presumption but noting that sometimes the circumstances are such that the remmer presumption does not even apply E. holding trial court did not err in failing to conduct a hearing on motion for reinstatement when appellants failed to call to the trial courts attention the need for a hearing

assistant: The best answer is B. holding that the emergence of a credible claim of extraneous influence on a jury imposed a duty on the district court to conduct a remmer hearing despite the fact that the defendants had not expressly requested such a hearing below
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement or the application thereof to any Party or circumstances is declared void, illegal, or unenforceable, then the remainder of this Agreement will be valid and enforceable to the extent permitted by applicable Law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: officer questions [the suspect], tries to identify him[,] and attempts to gather additional information to ... dispel or confirm his suspicions.” Id. at 279-80, 720 S.E.2d at 78. Probable cause for a warrantless arrest “exists when the facts and circumstances within the officer’s knowledge, and of which he has reasonably trustworthy information, alone are sufficient to warrant a person of reasonable caution to believe that an offense has been or is being committed.” Buhrman v. Commonwealth, 275 Va. 501, 505, 659 S.E.2d 325, 327 (2008) (quoting Taylor v. Commonwealth, 222 Va. 816, 820, 284 S.E.2d 833, 836 (1981)); cf. Heien v. North Carolina, — U.S.-,-,-, 135 S.Ct. 530, 535, 539-40, 190 L.Ed.2d 475 (2014) (assessing whether the officer h 56 Va.App. 646, 658, 696 S.E.2d 237, 243 (2010) (<HOLDING>); see Virginia v. Moore, 553 U.S. 164, 171, 128 Options: A. holding that probable cause is a complete defense to an action for false arrest B. holding that probable cause existed to arrest for a seatbelt violation under state law C. holding that probable cause existed to arrest for driving on a suspended license under state law D. holding that under fourth amendment standards for determining probable cause for arrest and probable cause for search and seizure are same E. holding that probable cause existed to arrest for trespassing under state law

assistant: The best answer is E. holding that probable cause existed to arrest for trespassing under state law
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: Supreme Court precedents on the Commerce Clause, an effect on interstate commerce is an implicit element that must be pled in the indictment. This challenge to the indictment is without merit. We have long held that' “no proof of an interstate nexus is required in order to establish jurisdiction of the subject matter” in most prosecutions under 21 U.S.C. § 841(a). United States v. Montes-Zarate, 552 F.2d 1330, 1331 (9th Cir.1977) (per curiam); see also United States v. Tisor, 96 F.3d 370, 374-75 (9th Cir.1996); United States v. Visman, 919 F.2d 1390, 1393 (9th Cir.1990). While we have recently recognized that certain classes of activities prescribed by the CSA may fall beyond the scope of Congress’ Commerce Clause power, Raich v. Ashcroft, 352 F.3d 1222, 1229, 1233 (9th Cir.2003) (<HOLDING>), cert. granted, — U.S. -, 124 S.Ct. 2909, 159 Options: A. holding that jurys failure to find the defendant guilty of possession of marijuana could not be reconciled with a verdict of guilty of possession of marijuana with intent to purchase B. holding that the csa may be unconstitutional as applied to the intrastate noncommercial cultivation possession and use of marijuana for personal medical purposes on the advice of a physician C. holding 1130 to be unconstitutional as applied to the plaintiff D. holding that congress may regulate the intrastate noncommercial cultivation possession and use of marijuana as an essential part of a larger regulatory scheme E. holding that a defendants conviction for two possession of marijuana counts could not be supported by his possession of two marijuana cigarettes dropped from his hand and again for his possession of several packets of marijuana found in a nearby jacket during the same search

assistant: The best answer is B. holding that the csa may be unconstitutional as applied to the intrastate noncommercial cultivation possession and use of marijuana for personal medical purposes on the advice of a physician
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, communications and instructions required or desired to be given under this Agreement must be in writing and shall be deemed to be duly given if sent by registered or certified mail, return receipt requested, or overnight courier, to the addresses set forth in the Asset Purchase Agreement or provided to the Escrow Agent in writing under separate cover.

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: The Committee may modify, extend or renew outstanding Options and authorize the grant of new Options, provided however, that (i) any such action may not, without the written consent of a Participant, impair any of such Participant’s rights under any Option previously granted, (ii) any such action shall not extend the exercise period of the Option to a date later than the later of (a) the fifteenth day of the third month following the date on which the Option otherwise would have expired or (b) December 31 of the calendar year in which the Option would have otherwise expired, and (iii) the Committee may not reduce the Exercise Price of outstanding Options without the approval of the stockholders. Any outstanding ISO that is modified, extended, renewed or otherwise altered will be treated in accordance with Section 424(h) of the Code.

assistant: Modifications
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: Toyota Motor, 534 U.S. at 198, 122 S.Ct. 681. Rather, those seeking the Act’s protection must “prove a disability by offering evidence that the extent of the limitation [caused by their impairment] in terms of their own experience ... is substantial.” Id. (citing Albertson’s, Inc. v. Kirkingburg, 527 U.S. 555, 567, 119 S.Ct. 2162, 144 L.Ed.2d 518 (1999)). Moreover, “[a]n individualized assessment of the effect of an impairment is particularly necessary when the impairment is one whose symptoms vary widely from person to person.” Toyota Motor Mfg., 534 U.S. at 199, 122 S.Ct. 681. This individualized assessment is particularly necessary in the case at hand in light of Plaintiffs fibromyalgia and depression diagnoses. See Labrecque v. Sodexho USA, Inc., 287 F.Supp.2d 100 (D.Mass.2003) (<HOLDING>); Cassimy v. Board of Educ. of Rockford Public Options: A. holding that the legal analysis under ada is rendered complex by the fact that fibromyalgia is highly individualized in its manifestations B. holding that suspicion must be individualized C. holding title vii analysis applies in ada case D. holding that whether a person has a disability under the ada is an individualized inquiry E. holding that there is no right of recovery against individual defendants under the ada

assistant: The best answer is A. holding that the legal analysis under ada is rendered complex by the fact that fibromyalgia is highly individualized in its manifestations
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 Lease may be modified only in writing, signed by the parties in interest at the time of the modification. As long as they do not materially change Tenant’s obligations hereunder, Tenant agrees to make such reasonable non-monetary modifications to this Lease as may be reasonably required by a Lender in connection with the obtaining of normal financing or refinancing of the Premises.

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 legal provision and list the applicable contract clause categories. Provision: In consideration of the Company’s promises in this Agreement, Executive agrees to execute the Waiver and General Release attached hereto as Exhibit “A” no sooner than his Termination Date and no later than the conclusion of the twenty-first (21 st ) day after the Delivery Date. By signing this Agreement, Executive is agreeing that once seven (7) days have passed from the date he signs the Waiver and General Release, he will not attempt to revoke or rescind the Waiver and General Release at any time in the future. In addition, Executive is representing that he fully understands the terms of this Agreement and the Waiver and General Release and that he has had an opportunity to seek legal advice regarding the Waiver and General Release under this Agreement, if he desires to do so, before signing these documents. Executive is also representing to the Company that he has not commenced any action or filed any administrative charge or complaint against the Company in regard to his employment between the Termination Date and the date he signs the Agreement and Waiver and General Release.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Use the proceeds of Revolving Loans solely for general corporate purposes not in contravention of any Law or any Loan Document. Use the proceeds of the Term Loan solely for paying all amounts due under the Oasis Note as of the Sixth Amendment Effective Date.

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 case excerpt and choose the best holding from the options. Case excerpt: N.Y. Gen. Bus. Law § 691(4). Plaintiffs filed their complaint in this action on March 26, 2001, alleging that defendants: (a) sold them franchises without having an offering prospectus registered with the State, in violation of section 683(1) (the prospectus claim); and (b) committed fraud in connection with the sale of franchises, in violation of section 687(2), because they induced plaintiffs to enter franchises with a false promise to pay 60% commissions for deliveries (the fraud claim). For both claims, therefore, the “act or transaction constituting the violation” occurred when the franchises were purchased. See United Magazine Co. v. Murdoch Magazines Distribution, Inc., 146 F.Supp.2d 385, 407 (S.D.N.Y.2001) (“United Magazine ”), aff'd, 279 Fed.Appx. 14, 19 (2d Cir.2008) (<HOLDING>); Leung v. Lotus Ride, Inc., 198 A.D.2d 155, Options: A. holding that the statute of limitations begins to run on the date the alleged malpractice is discovered B. holding the sixyear limitations period begins to run upon date that payment is made C. holding that limitation period begins to run at the time of the breach D. holding that the statute of limitations period begins to run when the allegedly discriminatory pension plan is applied to the plaintiffs and leaving determination of the actual date the statute begins to run on each claim to the district court E. holding that the limitations period begins to run at the time that the parties first enter into the franchise agreement

assistant: The best answer is E. holding that the limitations period begins to run at the time that the parties first enter into the franchise agreement
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: claim is the Agreement, Plaintiffs have not identified any other contract to which these allegations could refer. Plaintiffs argue that their claims relate to disclosures on HighBeam’s website, not in the Agreement. However, as already mentioned, Plaintiffs admit that some disclosures were made in the Agreement. (Id. ¶ 46(f).) Even if this were not the case, the First Circuit’s decision in Huffington defeats Plaintiffs’ argument. In Huffington, the plaintiff argued that his tort and statutory fraudulent misrepresentation claims did not relate to his contract with the defendant because the misrepresentations “would be actionable regardless of whether the parties executed a contract.” 637 F.3d at 22. However, as the First Circu . A. 97-12283-RGS, 1998 WL 518187 (D.Mass. Aug. 5, 1998) (<HOLDING>). C. Unresolved Factual Disputes. There remain Options: A. holding that the forum selection clause at issue encompassed both contract and tort claims B. holding that a permissive forum selection clause containing a waiver of any claims of forum non conveniens amounts to a mandatory forum selection clause at least where the plaintiff chose the designated forum C. holding that a forum selection clause was not enforceable against defendants that were not parties to the contract D. holding that claims were not related to a license agreement which contained a forum selection clause in part because the bulk of the claims were against a defendant who was not a party to the agreement for breaches of employment contracts which did not contain forum selection clauses and for disclosure of trade secrets E. holding enforceable forum selection clauses in arbitration agreements

assistant: The best answer is D. holding that claims were not related to a license agreement which contained a forum selection clause in part because the bulk of the claims were against a defendant who was not a party to the agreement for breaches of employment contracts which did not contain forum selection clauses and for disclosure of trade secrets
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has filed all reports, schedules, forms, statements and other documents required to be filed by the Company under the Securities Act and the Exchange Act, including pursuant to Section 13(a) or 15(d) thereof, for the one year preceding the date hereof (or such shorter period as the Company was required by law or regulation to file such material) (the foregoing materials, including the exhibits thereto and documents incorporated by reference therein, together with the Base Prospectus and the Prospectus Supplement, being collectively referred to herein as the “ SEC Reports ”) on a timely basis or has received a valid extension or waiver of such time of filing and has filed any such SEC Reports prior to the expiration of any such extension. As of their respective dates, the SEC Reports complied in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable, and none of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The Company has never been an issuer subject to Rule 144(i) under the Securities Act. The financial statements, together with the related notes and schedules of the Company filed with the Commission as a part of or incorporated by reference in the Registration Statement and the Prospectus comply in all material respects with applicable accounting requirements and the rules and regulations of the Commission with respect thereto as in effect at the time of filing. Such financial statements have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“ GAAP ”), except as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its consolidated Subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments. The supporting schedules included or incorporated by reference in the Registration Statement present fairly the information required to be stated therein.

assistant: Financial Statements
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: in their complaint, note that the name of the company for which capital was being raised was not discussed at the meeting. Clark alleges that he learned the name of the company, Network Systems International (which later became OnSpan) one week after the meeting in the Bahamas. Clark alleges that on June 14, 2000, he tendered a check in the amount of $300,000 into an escrow trust account with David Gordon in Tulsa, Oklahoma. Clark alleges that the amount was tendered pursuant to an escrow agreement between Network Systems International (later OnSpan) and Millennium Holdings, Inc., a company wholly owned and operated by Sehultheis and Tabin. The escrow agreement is signed by Sehultheis as President of Millennium Holdings Group, I d, Inc., 215 Kan. 849, 528 P.2d 1248, 1253 (1974) (<HOLDING>). Defendant alleges that the hiring of Oklahoma Options: A. holding defendants phone calls and ten to twenty faxes and letters insufficient contacts for minimum contacts B. holding one phone call by itself insufficient to find minimum contacts C. holding minimum contacts were necessary for personal jurisdiction over defendant D. holding that a contract governing a onetime sale and purchase of a product negotiated by fax and phone is insufficient to establish minimum contacts where delivery actually occurred in another state E. holding that personal jurisdiction is proper if party has sufficient minimum contacts

assistant: The best answer is B. holding one phone call by itself insufficient to find minimum contacts
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: light of all evidence in the record, the court’s error was harmless. The district court’s ruling and Thomas’s convictions are AFFIRMED. 1 . The interrogation video is part of the record and was entered into evidence before the district court. Neither the Government nor Thomas challenges its accuracy or authenticity. Even construing the facts in the light most favorable to the prevailing party, we do not simply ignore accurate video evidence that "completely and clearly contradicts [that] party's testimony.” Cf. Morton v. Kirkwood, 707 F.3d 1276, 1284 (11th Cir.2013) ("[W]here an accurate video recording completely and clearly contradicts a party’s testimony, that testimony becomes incredible.”) (citing Scott v. Harris, 550 U.S. 372, 380-81, 127 S.Ct. 1769, 1776, 167 L.Ed.2d 686 (2007) (<HOLDING>)). 2 . Cf. McKinney v. Ludwick, 649 F.3d 484, Options: A. holding that for purposes of summary judgment in the qualified immunity context a plaintiffs factual narrative need not be accepted if contradicted by credible unchallenged video evidence B. holding that factual disputes will result in denial of summary judgment only when they pertain to the qualified immunity defense C. holding that summary judgment was improper on qualified immunity grounds when defendant was aware of prisoners need for medical treatment but failed to provide it D. holding that defendants claiming qualified immunity to 1983 action were entitled to summary judgment where factual disputes were not material E. holding that an interlocutory appeal lies from a denial of summary judgment on a qualified immunity claim

assistant: The best answer is A. holding that for purposes of summary judgment in the qualified immunity context a plaintiffs factual narrative need not be accepted if contradicted by credible unchallenged video 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 legal provision and list the applicable contract clause categories. Provision: No report, financial statement, certificate or other written information furnished by or on behalf of any Loan Party to any Agent or any Lender (other than projections and other forward-looking information and information of a general economic or industry-specific nature) in connection with the transactions contemplated hereby and the negotiation of this Agreement or delivered hereunder or any Other Document (as modified or supplemented by other information so furnished) contained when furnished any material misstatement of fact or omitted to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made or furnished, not materially misleading. Projected financial information and pro forma financial information delivered by or on behalf of any Loan Party to any Agent or any Lender prior to the Restatement Effective Date was prepared in good faith based upon assumptions believed to be reasonable at the time of preparation; it being understood that such projections are subject to significant uncertainties and contingencies, many of which are beyond the control of the Loan Parties and may vary from actual results and that such variances may be material. There is no fact known to any Loan Party or which reasonably should be known to such Loan Party which such Loan Party has not disclosed to the Administrative Agent in writing with respect to the Transactions which could reasonably be expected to have a Material Adverse Effect.

assistant: Disclosures