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: blood from 116 unrelated Korean individuals); Jeanne M. Hayes et al. & Maya Freund, “Arab Population Data on the PCR-Based loci: HLADQA1, LDLR, GYPA, HBGG, D758, Gc and D1S80,” 40 J. Forensic Sci. 888 (1995) (collecting ninety-four blood samples from unrelated Arabs); see also Pope, supra, 220 Ill.Dec. at 312, 672 N.E.2d at 1324 (finding that “[b]ecause the PCR polymarker systems are two allele or three allele, the FBI may rely on a smaller database. Thus, the PCR Caucasian database contains only 145 individuals”). Second, the trial court found that the underlying databases were reliable. In light of that finding, questions regarding the size of a database go to the weight of the evidence, not its admissibility. See People v. Adams, 195 Mich.App. 267, 489 N.W.2d 192, 198 (1992) (<HOLDING>), modified in part on other grounds, 441 Mich. Options: A. holding that once an expert has passed rule 702s threshold of admissibility lingering questions or controversy concerning the quality of the experts conclusions go to the weight of the testimony rather than its admissibility B. holding that allegations of tampering went to the weight of the evidence rather than to its admissibility C. holding statistical conclusions admissible and questions regarding the size of a tests database goes to the weight not admissibility of the evidence D. holding that in face of expert testimony that database was valid questions concerning size of database and statistical conclusions drawn from it went to weight not admissibility of evidence E. holding that questions regarding size of fbis population databases was matter of weight once principle that frequency calculations could be made from an adequate database was determined to be generally accepted

assistant: The best answer is D. holding that in face of expert testimony that database was valid questions concerning size of database and statistical conclusions drawn from it went to weight not admissibility of 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: In conformity with standard pharmaceutical industry practices and the terms and conditions of this Agreement, each Party shall prepare and maintain, or shall cause to be prepared and maintained, complete and accurate written records, accounts, notes, reports and data with respect to activities conducted pursuant to the [***] Development Plans for a minimum of three (3) years following the end of the Calendar Year to which they pertain (or such longer period as may be required by Applicable Laws) and, upon the other Party’s reasonable written request, shall send legible copies (in English and in electronic format) of the aforesaid to the other Party, to the extent not already provided, throughout the Term and for a minimum of twelve (12) months following the Term. Upon reasonable advance notice, at the request of the JSC, each Party agrees to make its employees and consultants reasonably available at their respective places of employment to consult with the other Party on issues arising in connection with the [***] Development Plans. In accordance with the reporting format and schedule approved by the JSC, each Party shall promptly and fully disclose to the other Party in writing all data, including preclinical data, Clinical Trial data, formulation data and manufacturing data, generated by or on behalf of such Party with respect to the Products in the Licensed Field. Without limiting the foregoing: (a) Ultragenyx shall keep Takeda regularly and fully informed by reporting to the JSC on a quarterly basis regarding the Development of Licensed Products in the Ultragenyx Field in the Territory by Ultragenyx, its Affiliates and sublicensees, including information regarding the status of Clinical Trials, filing of Regulatory Materials and receipt of Regulatory Approval with respect to the Products in the Ultragenyx Field in the Territory; (b) on at least an annual basis (but in any event, no later than December 1 of each Calendar Year), each Party, as applicable, shall submit to the JSC proposed updates and amendments, as appropriate, to the [***] Development Plans; and (c) Takeda shall keep Ultragenyx regularly informed by reporting to the JSC on a quarterly basis regarding the Development of Licensed Products in the Takeda Field by Takeda, its Affiliates and sublicensees, including information regarding the status of any Clinical Trials, filing of Regulatory Materials and receipt of Regulatory Approval with respect to the Products in the Takeda Field in the Territory.

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: contract balances on any of the above contracts.” D’s App. at 92-93. The Postal Service’s response, dated March 22, 1989, indicated that the Lake Worth contract should not be covered by the agreement and then stated that there should be further discussions on March 24, 1989 if this were unacceptable. D’s App. at 95. By letter dated April 4, 1989, Rodeo’s attorney notified USPS that ”[t]he [draft] mods are acceptable except that one element of the agreement that is important to Rodeo has been left out." D’s App. at 96. That element was that Rodeo would continue to be eligible for contracts with USPS. The modifications were executed on April 5, 1989 after they were amended to reflect this change. See supra note 5. 8 . See ARB, Inc. v. E-Sys., Inc., 663 F.2d 189, 198-99 (D.C.Cir.1980) (<HOLDING>); Schultz v. Dain Corp., 568 F.2d 612, 614 n. 4 Options: A. holding that integration clauses are to be given effect under ucc law and maryland common law B. holding that article 2 of the ucc preempts common law claims C. holding that article 4a of the ucc preempts common law claims where they are inconsistent or duplicative D. holding that acceleration clauses are quite common and are generally enforceable according to their terms E. holding that intent of parties to choice of law must be given effect

assistant: The best answer is A. holding that integration clauses are to be given effect under ucc law and maryland common 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 legal provision and list the applicable contract clause categories. Provision: This Agreement (and the other documents referred to herein) embodies the entire agreement of the parties hereto respecting the matters within its scope. This Agreement supersedes all prior and contemporaneous agreements of the parties hereto that directly or indirectly bears upon the subject matter hereof and any other written or oral agreement relating to the subject matter hereof existing between the parties (including, without limitation, the Existing Agreement) is expressly canceled. The Existing Agreement is hereby amended in its entirety and restated herein. All provisions of, rights granted under and covenants made in the Existing Agreement are hereby waived, released and superseded in their entirety and shall have no further force or effect. Any prior negotiations, correspondence, agreements, proposals or understandings relating to the subject matter hereof shall be deemed to have been merged into this Agreement, and to the extent inconsistent herewith, such negotiations, correspondence, agreements, proposals, or understandings shall be deemed to be of no force or effect. There are no representations, warranties, or agreements, whether express or implied, or oral or written, with respect to the subject matter hereof, except as expressly set forth herein. Notwithstanding anything above in this Section 10 to the contrary, and for purposes of clarity, the Confidentiality Agreement, as well as the Company’s rights under any trade secret, confidentiality, inventions or similar agreement or policy, are not integrated into this Agreement and shall continue in effect.

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: Upon the terms and subject to the conditions of this Agreement, at the Closing (as defined in Section ‎3.1 ), Seller shall sell, assign, convey, transfer and deliver to Buyer, free and clear of all Liens and Buyer shall purchase, acquire and accept from Seller, the Shares, representing 100% of the issued and outstanding share capital of the Company, on a fully diluted basis, against the Purchase Price (as defined below).

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the tripadvisor media group companies have no liability and will make no refund in the event of any delay , cancellation , overbooking , strike , force majeure or other causes beyond their direct control , and they have no responsibility for any additional expense , omissions , delays , re-routing or acts of any government or authority .

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: permitted the Village of Shiocton to enact a floodplain ordinance. with basements below the regional flood level after the Village received a FEMA exception in 1998. The Village of Shiocton is one-half mile south of the Warnings' home. ¶ 117. Thousands of buildings across the state were built in floodfringe areas before the enactment of floodplain regulations. The language in Wis. Admin. Code §NR 116.13(2) cannot be read literally without depriving counties and the DNR of the ability to deal reasonably with these "existing lawful" structures. Wis. Admin. Code § NR 116.03(34). If the law did not afford some reasonable means to address variances for nonconforming structures, it might not pass constitutional muster. Cf. Building Height Cases, 181 Wis. 519, 532, 195 N.W. 544 (1923) (<HOLDING>); County of Sauk v. Trager, 113 Wis. 2d 48, 56, Options: A. holding rehabilitation act applicable B. holding that in a redistricting case the legislature has the initial responsibility to act but in the event the legislature fails to act the responsibility shifts to the state judiciary C. holding retroactive application of the act to prosecution that was pending before the effective date of the act was precluded because the act is prospective D. holding the ada and the rehabilitation act applicable E. holding that an act of the legislature limiting the height of buildings was not applicable where substantial rights of a party had vested before the act was enacted

assistant: The best answer is E. holding that an act of the legislature limiting the height of buildings was not applicable where substantial rights of a party had vested before the act was enacted
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: with HUD. To receive funding under the contract, BHA was required to provide decent, safe, and sanitary housing to low income households, and it was required to comply with HUD’s regulations. BHA could only use HUD funding for eligible work items, and an employee could not use the money for personal gain. After HUD’s review of BHA’s annual agency plan, it could conduct civil audits or a variety of other options in the event of the appearance of impropriety or noncompliance with the regulations. Based on this evidence, a reasonable factfinder could conclude beyond a reasonable doubt that the converted funds were federal and that HUD maintained sufficient supervision and control over BHA. See McRee, 7 F.3d at 980; see also United States v. Hope, 901 F.2d 1013, 1020-21 (11th Cir.1990) (<HOLDING>). Further, Trent’s conviction under § 666(a)(1) Options: A. holding that defendant violated section 4b when she misappropriated pool participant funds by soliciting funds for trading and then trading only a small percentage of those funds while disbursing the rest of the funds to investors herself and her family B. holding that funding obtained through hud through its loan program retained its federal character where the funds could be applied only toward eligible program activities could not be diverted into interest bearing accounts or used for the benefit of another loan applicant and grantees were required to repay the federal government for misappropriated or misapplied funds C. holding that a college received federal funds where the funds were granted to its students as financial aid rather than directly to the college D. holding that agent of corporation who used corporate funds to secure personal loan was initial transferee E. holding that a college received federal funds where the funds were granted to its students as financial aid rather than directly to the college because the language of the section does not distinguish between direct and indirect receipt of federal funds

assistant: The best answer is B. holding that funding obtained through hud through its loan program retained its federal character where the funds could be applied only toward eligible program activities could not be diverted into interest bearing accounts or used for the benefit of another loan applicant and grantees were required to repay the federal government for misappropriated or misapplied funds
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) (a) Except as set forth in Section 2.08(c), the Borrowers shall make each payment hereunder and under the other Loan Documents, without any right of counterclaim or set-off, not later than 1:00 P.M. on the day when due in U.S. dollars to the Agent into the account specified by the Agent in writing from time to time in same day funds. The Agent will promptly thereafter cause to be distributed like funds relating to the payment of principal or interest or commitment fees (i) in the case of Term Loans, ratably (other than amounts payable pursuant to Section 2.12, 2.15 or 9.04(c)) to the Term Lenders for the account of their respective Applicable Lending Offices, and like funds relating to the payment of any other amount payable to any Term Lender to such Term Lender for the account of its Applicable Lending Office, in each case to be applied in accordance with the terms of this Agreement and , (ii) in the case of Line of Credit Loans, to the applicable Line of Credit Lender(s) and (iii) in the case of Alternative Tranche Line of Credit Loans, to the Alternative Tranche Line of Credit Lenders . Upon its acceptance of an Assignment and Acceptance and recording of the information contained therein in the Register pursuant to Section 9.07(c), from and after the effective date specified in such Assignment and Acceptance, the Agent shall make all payments hereunder and under the other Loan Documents in respect of the interest assigned thereby to the Lender assignee thereunder, and the parties to such Assignment and Acceptance shall make all appropriate adjustments in such payments for periods prior to such effective date directly between themselves.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the extent not preempted by Federal law, the Plan and all Award Agreements are construed in accordance with and governed by the laws of the State of Delaware. The Plan is not intended to be governed by the Employment Retirement Income Security Act of 1974, and shall be so construed and administered .

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 case excerpt and choose the best holding from the options. Case excerpt: Casualty Co., the court of appeals determined that the physical contact requirement could be satisfied through indirect contact where an unidentified vehicle first impacts an intermediary vehicle that in turn collides with an insured claimant. 482 S.W.2d 655, 657 (Tex. Civ.App.-Houston [1st Dist.] 1972, writ refd n.r.e.). The court of appeals held that “[wjhere a Car’ A strikes Car B and propels it into Car C, there is physical contact between Car A and Car C” within the meaning of an automobile insurance policy that required physical contact with an unidentified vehicle. Id. No Texas court, however, has ever relied on Latham to conclude that physical contact occurred where there was no “Car B.” C 5); Williams v. Allstate Ins. Co., 849 S.W.2d 859, 861 (Tex. App.-Beaumont 1993, no writ) (<HOLDING>). Another court of appeals considering the Options: A. holding that the physical contact needed to support a direct claim against an uninsured motorist carrier pursuant to nc gen stat 2027921 existed where the physical contact arose between the hitandrun vehicle and plaintiffs vehicle through intermediate vehicles involved in an unbroken chain collision which involved the hitandrun vehicle B. holding that a collision with the loading ramp of a trailer was not actual physical contact with a motor vehicle C. holding that collision between the claimants vehicle and a steel pipe dropped from an exiting truck was not actual physical contact with a motor vehicle D. holding that collision between loading ramp that detached from trailer and insureds vehicle was not actual physical contact with a motor vehicle E. holding that water pump falling from truck and striking insured was not actual physical contact with a motor vehicle

assistant: The best answer is C. holding that collision between the claimants vehicle and a steel pipe dropped from an exiting truck was not actual physical contact with a motor vehicle
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: predicate to enhance his sentence as a second-offense habitual offender. While defendant objects to this, he offers no statutory or legal analysis to support the contention that his claimed double enhancement is inappropriate. The critical point from Bewersdorf is that the OUIL provisions increased the punishment for each repeated offense, just as the SORA provisions do in the present case. In fact, defendant concedes that there is no error in enhancing a SORA-2 sentence under the habitual-offender provisions as long as the habitual-offender enhancement is based on a felony other than a SORA violation. Thus, to this extent, defendant agrees with our conclusion that MCL 28.729(1) sets forth separate, elevated offenses. 51 E.g., People v Eilola, 179 Mich App 315, 325; 445 NW2d 490 (1989) (<HOLDING>); People v Brown, 186 Mich App 350, 357; 463 Options: A. holding that the habitualoffender provisions could be used to enhance a sentence for a conviction that constituted firstdegree retail fraud because of a prior conviction mcl 750356c2 as added by 1988 pa 20 B. holding an uncounseled misdemeanor conviction is valid because no prison term was imposed and the conviction may be used to enhance a sentence for a subsequent offense C. holding that a juvenile adjudication may be used as a prior conviction for apprendi purposes D. holding the death sentence proportional for the firstdegree murder conviction where the aggravators included prior violent felony conviction and hac E. holding that any fact other than a prior conviction may not be used to enhance a defendants sentence beyond the statutory maximum unless it is submitted to a jury and proved beyond a reasonable doubt

assistant: The best answer is A. holding that the habitualoffender provisions could be used to enhance a sentence for a conviction that constituted firstdegree retail fraud because of a prior conviction mcl 750356c2 as added by 1988 pa 20
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No Loan Party will, nor will it permit any of its Restricted Subsidiaries to, enter into any arrangement, directly or indirectly, whereby it shall sell or transfer any property, real or personal, used or useful in its business, whether now owned or hereafter acquired, and thereafter rent, lease such property or other property that it intends to use for substantially the same purpose or purposes as the property sold or transferred, except for any such sale of any fixed or capital assets by any Borrower or any Restricted Subsidiary that is made for cash consideration in an amount not less than the fair value of such fixed or capital asset and is consummated within 180 days after such Borrower or such Restricted Subsidiary acquires or completes the construction of such fixed or capital asset (or within 180 days after the applicable Restricted Subsidiary or Borrower was acquired by a Borrower or Restricted Subsidiary); provided that such 180 day requirement shall not apply to the Specified 2015 Sale and Leaseback Transaction or the Specified 2016 Sale and Leaseback Transactions; provided , further that to the extent the Specified 2016 Sale and Leaseback Transaction provides for the sale of any real estate that is either subject to a Mortgage or on which any Eligible Equipment is located, the Company shall have delivered to the Collateral Agent an Aggregate Borrowing Base Certificate, together with a Borrowing Base Certificate for any Borrowing Base Contributor that is selling such assets, which calculates such Borrowing Base Contributor’s Borrowing Base, in each event after giving effect to such sale.

assistant: Sales
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: line of cases beginning with Ex parte Presse, 554 So.2d 406 (Ala.1989), Alabama appellate courts have held that no one has standing to challenge a presumed father’s parentage “so long as the presumed father persists in maintaining his paternal status.” 554 So.2d at 418 (emphasis added). See B.N.P. v. D.M.P., 896 So.2d 505, 509 (Ala.Civ.App.2004) (stating that a child “does not have standing under the AUPA to challenge the presumed father’s paternity so long as [the presumed father] persists in claiming paternity”). See also J.O.J. v. R.R., 895 So.2d 336 (Ala.Civ.App.2004); M.H.E. v. B.E., 864 So.2d 351 (Ala.Civ.App.2002); Hooten v. Hooten, 754 So.2d 634, 635 (Ala.Civ.App.1999); and Ex parte C.A.P., 683 So.2d 1010, 1011 (Ala.1996). Cf. D.S.M. v. L.M., 854 So.2d 1140 (Ala.Civ.App.2002) (<HOLDING>). Steven, however, did not present the Options: A. holding that the presumption of legitimacy shifts the burden of persuasion to the putative father to establish that he did not father the child B. holding that a child was not barred by a former statute of limitations applicable to actions to establish the existence of a father and child relationship when the current action was to establish the nonexistence of a father and child relationship and the presumed father no longer persisted in maintaining paternity C. holding that the trial court had erred in imposing an obligation to pay child support when clear and convincing evidence established that the husband was not the father of the child D. holding that woman was presumed mother under uniform parentage acts upa provision presuming paternity based upon receiving the child into ones home and holding out child as ones own where upa expressly provides that in determining the existence of a mother and child relationship insofar as practicable the provisions of this part applicable to the father and child relationship apply quotation and brackets omitted E. holding that the natural father must have established a substantial relationship with the child to merit constitutional protection

assistant: The best answer is B. holding that a child was not barred by a former statute of limitations applicable to actions to establish the existence of a father and child relationship when the current action was to establish the nonexistence of a father and child relationship and the presumed father no longer persisted in maintaining paternity
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 failure to exercise, and no delay in exercising, on the part of Buyer, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right. The rights of Buyer hereunder shall be in addition to all other rights provided by law. No modification or waiver of any provision of this Guaranty, nor consent to departure therefrom, shall be effective unless in writing signed by Buyer and Guarantor and no such consent or waiver shall extend beyond the particular case and purpose involved. No notice or demand given in any case shall constitute a waiver of the right to take other action in the same, similar or other instances without such notice or demand (except to the extent such a notice or demand is required by the terms hereof).

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: (a) Base Salary . As compensation for Executive’s performance of Executive’s duties hereunder, Company shall pay to Executive an initial Base Salary of $200,000 per year beginning May 1, 2016 through December 31, 2016 and $225,000 beginning January 1, 2017, payable in accordance with the normal payroll practices of the Company, less required deductions for state and federal withholding tax, social security and all other employment taxes and payroll deductions. The Base Salary shall be reviewed for increases by the Board in good faith, based upon Executive’s and Company’s performance, not less often than annually. The term “Base Salary” shall refer to the Base Salary as so increased by the Board.

assistant: Benefits
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 Party may assign any of its rights or delegate any of its obligations under this Agreement, by operation of law or otherwise, without the prior written consent of the other Party, except that Buyer may transfer or assign its rights and obligations under this Agreement, in whole or from time to time in part by written notice to the Company to another wholly owned direct or indirect Subsidiary of the Buyer; provided that any such transfer or assignment shall not impede or delay the consummation of the Share Issuance and the Transactions or otherwise impair the rights of the Company under this Agreement; provided , further , that such transfer or assignment shall not relieve Buyer of any of its obligations hereunder or enlarge, alter or change any obligation of any other party hereto. Any purported assignment in violation of this Agreement is void.

assistant: Assignments
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: GEO and its Subsidiaries are (when taken as a whole on a consolidated basis), and immediately after giving effect to the making of the Refinancing Term Loans and the repayment of the Existing Term Loans will be, Solvent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: its contract permit for the purpose to serve Robinson as a contract carrier. C.H. Robinson at 4. If-there was confusion at Best regarding whether or not Best was operating under a contract or common carrier authority, Best should have applied to the ICC for a determination of its status under 49 U.S.C. § 10925(e) at the time the contract was entered into or executed. The Trustee has focused at length on the shipper’s/broker’s failure to comply with the law of contract carriers and the Supreme Court’s finding in Maislin Indus., U.S., Inc. v. Primary Steel, Inc. that when a carrier fails to file the rates it negotiated in a common carrier case, it is no excuse for a shipper to plead ignorance of this fact in an undercharge proceeding. 497 U.S. 116, 110 S.Ct. 2759, 111 L.Ed.2d 94 (1990) (<HOLDING>). This Court cannot accept the Trustee’s Options: A. holding that a claim is not moot where there is a viable damages claim B. holding that a defense to an undercharge claim in a negotiated rates case that is based upon the finding that the undercharge claim is an unreasonable practice is not valid C. holding that an embezzlement claim is not a personal injury tort claim D. holding that a federal district court may decide whether an activity is an unfair labor practice under the nlra when the matter is raised as a defense to a claim under an independent federal remedy over which the federal district courts do have jurisdiction E. holding that a negligence claim is not a personal injury tort claim

assistant: The best answer is B. holding that a defense to an undercharge claim in a negotiated rates case that is based upon the finding that the undercharge claim is an unreasonable practice is not valid
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: "Confidential Information" includes, without limitation, information in tangible or intangible form relating to and/or including released or unreleased Disclosing Party software or hardware products, the marketing or promotion of any Disclosing Party product, Disclosing Party's business policies or practices, and information received from others that Disclosing Party is obligated to treat as confidential.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Nurse Sancho premised on their alleged deliberate indifference to Harrison’s serious medical needs. Unlike the “purpose to harm” standard that governs Fourteenth Amendment claims where an official “makes a snap judgment because of an escalating situation,” Wilkinson, 610 F.3d at 554, where “actual deliberation is practical,” deliberate indifference is sufficient to support a Fourteenth Amendment claim. Id. The Supreme Court has contrasted, for exam- pie, an officer’s decision to give chase to a fleeing suspect with “the luxury enjoyed by prison officials of having time to make unhurried judgments, upon the chance for repeated reflection, largely uncomplicated by the pulls of competing obligations.” Cnty. of Sacramento v. Lewis, 523 U.S. 833, 853, 118 S.Ct. 1708, 140 L.Ed.2d 1043 (1998) (<HOLDING>); see also Porter, 546 F.3d at 1139 (citing Lee Options: A. holding that but for standard applied to retaliation case brought under texas law B. holding that if a state case explicitly states that the state standard is more favorable to the defendant than the federal standard the federal claim is considered adjudicated below when the state standard is applied C. holding purpose to harm standard applied to highspeed police chase D. holding that the judge did not abuse his discretion but applied an incorrect standard E. holding the manifest error standard of review is the proper standard to be applied to the mixed question of law and fact presented by a determination of whether a defect presents an unreasonable risk of harm

assistant: The best answer is C. holding purpose to harm standard applied to highspeed police chase
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 Participant shall make appropriate arrangements with the Company for satisfaction of any federal, state or local income tax withholding requirements, Social Security and other employee tax or other requirements applicable to the granting, crediting, vesting or payment of benefits under the Plan. There shall be deducted from each payment made under the Plan or any other Compensation payable to the Participant (or Beneficiary) all taxes that are required to be withheld by the Company in respect to such payment or this Plan. To the extent permissible under Code Section 409A, 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 legal provision and list the applicable contract clause categories. Provision: Except as otherwise stated in this Lease, any notice, consent, demand, invoice, statement or other communication required or permitted to be given hereunder shall be in writing and shall be given by (a) personal delivery, (b) overnight delivery with a reputable international overnight delivery service, such as FedEx, or (c) facsimile or email transmission, so long as such transmission is followed within one (1) business day by delivery utilizing one of the methods described in Subsection 31(a) or (b) . Any such notice, consent, demand, invoice, statement or other communication shall be deemed delivered (x) upon receipt, if given in accordance with Subsection 31(a) ; (y) one (1) business day after deposit with a reputable international overnight delivery service, if given if given in accordance with Subsection 31(b) ; or (z) upon transmission, if given in accordance with Subsection 31(c) . Except as otherwise stated in this Lease, any notice, consent, demand, invoice, statement or other communication required or permitted to be given pursuant to this Lease shall be addressed to Tenant at the Premises, or to Landlord or Tenant at the addresses shown in Section 2 . Either party may, by notice to the other given pursuant to this Section, specify additional or different addresses for notice purposes.

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 Company shall pay Executive an annual rate of base salary of $243,000 in periodic installments in accordance with the Company’s customary payroll practices and applicable wage payment laws, but no less frequently than monthly. The Executive's base salary shall be reviewed at least annually by the by the compensation committee of the Board (the “ Compensation Committee ”) and the Compensation Committee may, but shall not be required to, increase Executive’s base salary during the Employment Term. Executive’s annual base salary shall be adjusted to $250,000 on January 1, 2018 unless the Company does not meet the original budget projection for Revenue and EBITDA for 2017 as set forth in the fiscal year 2017 budget reviewed and agreed with the Board. Executive’s annual base salary, as in effect from time to time, is hereinafter referred to as “ Base Salary ”.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (1984) (citing Menard v. Newhall, 135 Vt. 53, 55, 373 A.2d 505, 507 (1977)); see also McCullock I, 981 F.2d at 658 n. 2 (“The Ostrowski court applied a single standard to plaintiffs claims of negligent failure to warn and strict products liability.”). So, under Vermont law, to sustain a verdict premised on a “failure to warn” theory, plaintiff must provide evidence from which a reasonable jury could find: (1) that defendant owed a duty to warn plaintiff; (2) lack of warning made the product unreasonably dangerous, hence defective; and (3) defendant’s failure to warn was the proximate cause of plaintiffs injury. Menard, 135 Vt. at 54, 373 A.2d at 506; see Ostrowski, 144 Vt. at 308, 479 A.2d at 127; see also Hobart v. P.J.’s Auto Village, Inc., 136 Vt. 287, 289, 388 A.2d 419, 420 (1978) (<HOLDING>); see also Scronce v. Howard Bros. Discount Options: A. holding that if a user actually knows of the danger a failure to warn cannot be a proximate cause of the injury B. holding that the basis of liability is negligence and not injury C. holding that whether the negligent acts of parties combined to become the proximate cause of the injury was a question for the jury D. holding that use of tangible property must be proximate cause of injury and that property does not cause injury if it does no more than furnish the condition that makes the injury possible E. holding that negligence must be the proximate cause of injury

assistant: The best answer is E. holding that negligence must be the proximate cause of injury
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 more than one person in any criminal organization”). The evidence supporting the district court’s factual determination is consonant with the evidence found in other judicial decisions applying the organizer adjustment. See, e.g., United States v. Brown, 315 F.3d 929, 932 (8th Cir.2003) (affirming adjustment under § 3Bl.l(c) for “organizing the criminal activity” when defendant recruited retail clerk in advance to pass off counterfeit bills and compensated clerk after transaction); Valdez-Arieta, 127 F.3d at 1272-73 (affirming organizer adjustment under § 3Bl.l(e) when defendant provided sources to supply drugs, directed suppliers to deliver particular drugs, and decided on financial arrangements concerning deliveries); United States v. Williams, 894 F.2d 208, 214 (6th Cir.1990) (<HOLDING>); cf. United States v. Katora, 981 F.2d 1398, Options: A. holding that district court did not err in determining that cocaine base was crack cocaine based on chemical analysis identifying cocaine base together with competent lay testimony bridging the evidentiary gap between cocaine base and crack cocaine and refusing to require showing of smokeability ie water solubility or melting point for purposes of establishing crack cocaine under the guidelines since smokeability distinguishes cocaine base from powder cocaine not from crack B. holding that a reasonable jury could have concluded based on repeated references to the substance as cocaine and testimony from witnesses who had used the substances which they believed to be cocaine that substance was cocaine C. holding testimony that defendant delivered cocaine maybe 20 or 30 times was sufficient to support conviction D. holding that evidence was sufficient to support twolevel organizer adjustment where defendant admitted to undercover officer that it was his fault that earlier cocaine transaction had fallen through negotiated meeting through phone calls he initiated and personally delivered cocaine to officer although defendant obtained cocaine he was going to sell from another source E. recognizing possession of cocaine as a lesserincluded offense of possession of cocaine with intent to sell

assistant: The best answer is D. holding that evidence was sufficient to support twolevel organizer adjustment where defendant admitted to undercover officer that it was his fault that earlier cocaine transaction had fallen through negotiated meeting through phone calls he initiated and personally delivered cocaine to officer although defendant obtained cocaine he was going to sell from another source
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: increase the incentives that encourage illegal immigration. Withholding backpay would also frustrate collective bargaining rights of lawful U.S. workers under the NLRA, the court found: [T]he lack of a backpay remedy would make undocumented workers an easy target for employers resisting union organization, and, thus, frustrate the rights of lawful U.S. workers under the NLRA. An employer could intimidate United States citizens and other lawful residents by targeting undocumented workers for antiunion discharges. Or, alternatively, legal workers might be reluctant to organize in the first instance if the Board were unable to issue any remedy against illegal actions taken by employers against undocumented workers who support the union. Id. at 58. See also, e.g., Kolkka, 170 F.3d at 941 (<HOLDING>); Patel v. Quality Inn South, 846 F.2d 700, 704 Options: A. holding union members state law claims for defamation against union preempted B. holding that a union agent did not engage in coercive conduct when he told employees that they should sign a petition stating they would vote for the union to separate the men from the boys C. holding that a union officials comments may be used to infer the object of union activity D. recognizing that union members interests are adequately represented by the union E. holding that irca does not limit the rights of undocumented workers to vote in union elections

assistant: The best answer is E. holding that irca does not limit the rights of undocumented workers to vote in union elections
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: jury as it did, Smith waived the error by not objecting. We overrule Smith’s first issue. In her second issue, Smith argues that the trial court’s instruction constituted an improper comment on the evidence. To preserve error on a trial court’s improper comment, a party must object at the time of the comment unless the comment is of a character that cannot be rendered harmless by proper instruction. Thus, if the trial court’s instruction to the jury was an improper comment on the evidence, Smith was required to object at the time the comment was made to pre serve the error unless the error could not be cured by instruction. Smith argues that the trial 2d 768, 833-34 (Tex.App.-Houston [1st Dist.] 1987, writ ref’d n.r.e.), cert. dism’d, 485 U.S. 994, 108 S.Ct. 1305, 99 L.Ed.2d 686 (1988) (<HOLDING>). 3 . See Tex.R.App. P. 33.1. 4 . State v. Options: A. holding failure to brief argument constitutes waiver B. holding that the failure to object to a trial courts instruction constitutes waiver C. holding that failure to brief an argument constitutes waiver D. recognizing that failure to develop claim on appeal constitutes waiver E. holding that failure to object to trial courts refusal of further instruction to jury during deliberation results in waiver of issue on appeal

assistant: The best answer is B. holding that the failure to object to a trial courts instruction constitutes waiver
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 parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. Accordingly, each of the parties shall be entitled to specific performance of the terms hereof, including an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in any New York State or federal court sitting in the Borough of Manhattan in The City of New York (or, if such court lacks subject matter jurisdiction, in any appropriate New York State or federal court), this being in addition to any other remedy to which such party is entitled at law or in equity. Each of the parties hereby further waives (a) any defense in any action for specific performance that a remedy at law would be adequate and (b) any requirement under any law to post security as a prerequisite to obtaining equitable relief.

assistant: Enforcements
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 Administrative Agent shall have received a Notice of Borrowing, Notice of Swingline Borrowing or Letter of Credit Application, as applicable, from the Borrower in accordance with Section 2.3, Section 3.2 , Section 4.2(a) or Section 5.2 , as applicable.

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: her lost wages, lost benefits, interest, and liquidated damages were. (See PL’s Resp. Br. at 8.) However, the fact that the DOL recommends a settlement amount lower than that to which a plaintiff believes she is entitled is incidental to the nature of settlements. As the court noted in Walton v. United Consumers Club, Inc., 786 F.2d 303 (7th Cir.1986), “[t]he statute is concerned with settlements, and a settlement is a compromise-the employee surrenders his opportunity to get 100 cents on the dollar, in exchange for a smaller payment with -certainty.” Id. at 305 (referring to 29 U.S.C. § 216(c)). In addition, a plaintiff who accepts a DOL-supervised settlement waives her right to an equivalent amount in liquidated damages under § 2617(a)(l)(A)(iii). See Torreblanca, 1980 WL 2100, at *3 (<HOLDING>). Therefore, the Court finds that the DOL Options: A. holding under flsa B. holding under flsa 29 usc 216c C. holding that the finding that entities constitute a single enterprise under 29 usc 203r is separate and distinct from whether an entity is an employer under 29 usc 203d D. holding that the defendant is in the best position to prove and should bear the burden of establishing its entitlement to an exemption under 29 usc 1108 from 29 usc 1106b erisas prohibited transactions provision E. holding that the authorization under 29 usc 1132a3 extends to a suit against a nonfiduciary party in interest to a transaction barred by 29 usc 1106a

assistant: The best answer is B. holding under flsa 29 usc 216c