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: Corrections (730 ILCS 5/5 — 8 — 1(a)(1) (West 1996)), a defendant convicted of murder shall be sentenced to a term no less than 20 years and no more than 60 years. In this case, defendant received a sentence 10 years above the minimum. Clearly, such a term is within the statutory guidelines and thus, it cannot be said such a term was excessive or unjust. Nor can it be said such a sentence was unfairly disparate when it is considered that the codefendant in this case' pled guilty from the outset of this proceeding. Dispositional concessions are properly granted to defendants who plead guilty since the public interest in the effective administration of criminal justice is served. Caballero, 179 Ill. 2d at 218; see People v. Milton, 182 Ill. App. 3d 1082, 1094-95, 538 N.E.2d 1227 (1989) (<HOLDING>). Therefore, we find defendant’s sentence is Options: A. holding that where the defendant pleaded guilty subsequently denied his guilt and attempted to withdraw his plea and then attempted to minimize the significance of his statements at sentencing by averring that he accepted responsibility for the amount that me and the government have agreed to and offering a statement accepting responsibility were insufficient to demonstrate acceptance of responsibility B. holding that a defendant who is allowed to withdraw his plea must either withdraw his plea to all charges or to none when his plea to all charges was part of an agreement with the state C. holding that a defendant who has successfully challenged his plea in one ease should be allowed to withdraw his plea in a second case when both cases were part of one negotiated settlement of his charges D. holding it is proper for a trial court to grant leniency in sentencing a defendant who by his plea ensured prompt and certain application of correctional measures to him acknowledged his guilt and showed a willingness to assume responsibility for his conduct E. holding that although defendant is not entitled to appeal from his guilty plea as a matter of right his arguments challenging the factual basis for his guilty plea are reviewable pursuant to a petition for writ of certiorari

assistant: The best answer is D. holding it is proper for a trial court to grant leniency in sentencing a defendant who by his plea ensured prompt and certain application of correctional measures to him acknowledged his guilt and showed a willingness to assume responsibility for his conduct
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 the FDIC’s assignee, a bridge bank), cert. denied sub nom. Rogers v. FDIC, 498 U.S. 1083, 111 S.Ct. 954, 112 L.Ed.2d 1042 (1991); Porras v. Petroplex Sav. Ass’n, 903 F.2d 379, 381 (5th Cir.1990) (extending the D’Oench doctrine’s protection to transferees of assets from the FSLIC in purchase and assumption transactions); FDIC v. First Nat'l Fin. Co., 587 F.2d 1009, 1012 (9th Cir.1978) (rejecting the argument that the D’Oench doctrine does not apply to the FDIC as receiver). Courts also applied the D’Oench bar to secret agree ments between borrowers and a subsidiary of the failed financial institution under the regulatory agency’s control. See Victor Hotel Corp. v. FCA Mortg. Corp., 928 F.2d 1077, 1083 (11th Cir.1991); Robinowitz v. Gibraltar Sav., 23 F.3d 951, 956 (5th Cir.1994) (<HOLDING>), cert. denied, — U.S. -, 115 S.Ct. 725, 130 Options: A. holding that no complete innocence exception to the doench doctrine exists B. holding that the doench doctrine extends broadly to cover any secret agreement adversely affecting the value of a financial interest that has come within the rtcs control as receiver of a failed financial institution including the financial interest of a whollyowned subsidiary C. holding that the doench doctrine extends to claims involving a wholly owned subsidiary of the failed financial institution in receivership D. holding that doench applies to secret side agreements made by subsidiaries and subsubsidiaries of the failed institution in receivership E. holding that the commonlaw doench doctrine applies to bar suit even when the rtc does not acquire a specific asset whose value is affected by the alleged secret agreement

assistant: The best answer is D. holding that doench applies to secret side agreements made by subsidiaries and subsubsidiaries of the failed institution in receivership
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: denied, 488 U.S. 840, 109 S.Ct. 108, 102 L.Ed.2d 83 (1988); Jaranee v. State, 770 So.2d 644, 647-48 (Ala.Crim.App.1999)(argument as to variance between indictment and proof "goes to sufficiency of the evidence”); Bennett v. Tennessee, (Tenn.Crim.App.1998)(argument that there was a fatal variance between indictment and proof at trial viewed as sufficiency claim under Jackson); Ward, 829 S.W.2d at 796 n. 21 (stating variance between indictment allegation and proof was insufficiency of evidence problem), overruled, in part, on other grounds, Riney v. State, 28 S.W.3d 561 (Tex.Crim.App.2000); Deltenre v. State, 808 S.W.2d 97 (Tex.Crim.App.1991)(variance between indictment allegations and proof resulted in legally insufficient evidence); Franklin v. State, 659 S.W.2d 831 (Tex.Crim.App.1983)(<HOLDING>), such approach is not necessarily mainstream. Options: A. recognizing double jeopardy bar is inapplicable where a variance between indictment and proof necessitated prosecution under a new indictment B. holding that variation between an indictment and proof to a jury is not material where the allegations and proof substantially correspond C. recognizing that evidence may be legally insufficient where there is variance between indictment allegations and proof D. holding evidence legally insufficient E. holding variance between enhancement allegation and proof renders evidence legally insufficient only if variance is material

assistant: The best answer is C. recognizing that evidence may be legally insufficient where there is variance between indictment allegations and proof
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As to each Invoice, Owner shall pay Supplier the amount Owner approves pursuant to Section 6.4 above within thirty (30) Days after the receipt of the corresponding Invoice (and all supporting documentation described in Section 6.3 ).

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 case excerpt and choose the best holding from the options. Case excerpt: decision so as to lead to a conclusion that the Board’s decision was based on personal animus rather than merit. [¶ 44] The Board’s sanction is authorized by law, and on this record and under our deferential standard of review, we hold the Board did not abuse its discretion in deciding to revoke Dr. Hsu’s license. We therefore conclude the district court erred in reversing the Board’s order revoking Dr. Hsu’s license. Because we sustain the Board’s sanction, we conclude Dr. Hsu has not demonstrated a clear legal right to the ALJ’s recommended sanction, and we further conclude the district court abused its discretion in issuing a writ of mandamus compelling the Board to adopt the ALJ’s recommended sanction for monitoring. See Eichhorn v. Waldo Twnshp, 2006 ND 214, ¶ 19, 723 N.W.2d 112 (<HOLDING>). [¶ 45] We therefore reverse the part of the Options: A. holding that to grant a writ of mandamus a court in the exercise of its discretion must be satisfied that the writ is appropriate under the circumstances B. holding when the state statute did not abrogate the common law rule the only available damage remedy in a mandamus action was one for making a false return and damages for the delay in doing the thing the mandamus sought to command could not be sought in the mandamus action C. recognizing that the issuance of a writ of mandamus is itself generally a matter of discretion D. recognizing petitioner for writ of mandamus must demonstrate clear legal right to the act sought to be compelled and no other plain speedy and adequate remedy in the ordinary cause of law and stating mandamus may not be issued to compel an officials discretionary acts E. holding that a court may grant a writ of mandamus if 1 the petitioner demonstrates that he lacks an adequate alternative 2 the petitioner demonstrates a clear and indisputable right to the writ and 3 the court is convinced that issuing the writ is warranted

assistant: The best answer is D. recognizing petitioner for writ of mandamus must demonstrate clear legal right to the act sought to be compelled and no other plain speedy and adequate remedy in the ordinary cause of law and stating mandamus may not be issued to compel an officials discretionary acts
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: was provided full and fair disclosure and access to all pertinent information regarding any attempt to obtain control of a corporation by a cash tender offer or privately negotiated securities offer. Id. at 26, 97 S.Ct. at 942. Congress believed that Section 13(d) would level the playing field between the shareholder/investor, the tender offeror, and the existing management of the target corporation. However, despite Congress’s efforts to protect the shareholder and potential investor with Section 13(d), it failed to explicitly provide for a private right of action to enforce the provision. It is this fact that Defendants rely upon in support of their motions to dismiss. While it is clear that no portion of Section 13 explicitly provides Loan Assoc., 592 F.Supp. 1089 (S.D.Fla.1984) (<HOLDING>); Gateway Industries v. Agency Rent-A-Car, 495 Options: A. holding that issuer and shareholder had no right to bring an action for equitable relief under 13d B. holding that a shareholder who disposes of his shares loses standing to bring a derivative action no longer a shareholder in the corporation the defendant cannot maintain a derivative action on its behalf C. holding that there is no private right of action for any person under 13d D. holding that unless a shareholder can show personal cause of action and personal injury claims for fraud and breach of fiduciary duty belong to the corporation and not the shareholder E. holding that a shareholder had standing to bring a direct action against a director of a corporation because the director owed the shareholder a duty separate and apart from that which the director owed to the company

assistant: The best answer is A. holding that issuer and shareholder had no right to bring an action for equitable relief under 13d
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, the Notes and each Designation Agreement represent the agreement of Mondelēz International, the other Borrowers, the Administrative Agent and the Lenders with respect to the subject matter hereof, and there are no promises, undertakings, representations or warranties by the Administrative Agent, Mondelēz International, the other Borrowers or any Lender relative to the subject matter hereof not expressly set forth or referred to herein or in the Notes or the Designation Agreements other than the matters referred to in Sections 2.09(b) and 9.04(a), the Fee Letter and any other fee letters entered into among Mondelēz International and the Administrative Agent or the Joint Lead Arrangers, if any, and except for any confidentiality agreements entered into by Lenders in connection with this Agreement or the transactions contemplated hereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither this Agreement nor any rights or duties of a party hereto may be assigned by such party, in whole or in part, without (a) the prior written consent of the Company in the case of any assignment by an Investor; or (b) the prior written consent of the Investor in the case of an assignment by the Company.

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: Other than consummating the transactions contemplated hereunder, such Purchaser has not, nor has any Person acting on behalf of or pursuant to any understanding with such Purchaser, directly or indirectly executed any purchases or sales, including Short Sales, of the securities of the Company during the period commencing as of the time that such Purchaser first received a term sheet (written or oral) from the Company or any other Person representing the Company setting forth the material terms of the transactions contemplated hereunder and ending immediately prior to the execution hereof. Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the representation set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement. Other than to other Persons party to this Agreement or to such Purchaser’s representatives, including, without limitation, its officers, directors, partners, legal and other advisors, employees, agents and Affiliates, such Purchaser has maintained the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction). Notwithstanding the foregoing, for the avoidance of doubt, nothing contained herein shall constitute a representation or warranty, or preclude any actions, with respect to the identification of the availability of, or securing of, available shares to borrow in order to effect Short Sales or similar transactions in the future.

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: The Transaction Agreements set forth the entire understanding of the parties relating to the subject matter thereof and supersede all prior agreements and understandings among or between any of the parties relating to the subject matter thereof. This Agreement will not confer any rights or remedies upon any Person other than the parties hereto and their respective successors and permitted assigns, other than Section 7 (which will be for the benefit of the Persons set forth therein).

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 case excerpt and choose the best holding from the options. Case excerpt: precluded other companies from competing for solid waste collection services contracts. When the court invited the views of the Attorney General of Washington as an ami-cus, that Office stated only that it concurred with the portions of the Government’s brief that addressed the “comprehensive statutory and regulatory scheme governing solid waste collection companies operating in Washington.” September 13, 2004 Letter from Gregory J. Trautman, Assistant Attorney General of Washington. That Office, however, did not represent that the legislature of the State of Washington intended issuance of a WUTC Certificate to preclude competition, nor could it in light of contrary guidance by the Supreme Court of the State of Washington. See In re Electric Lightwave, Inc., 869 P.2d at 1051 (<HOLDING>). Nevertheless, Waste Management — Washington Options: A. recognizing that reasonable time limitations may be placed on the exercise of constitutional rights B. holding that the commission may only exercise jurisdiction over utilities expressly included in the scope of the pua C. holding that a commission is a body with special and limited power and it can only exercise the power expressly or impliedly granted to it and any reasonable doubt of existence of any power must be resolved against the exercise thereof D. holding that the legislature must expressly grant monopolies before the commission may exercise such rights E. holding that even when there is a conflict of evidence before the commission and the evidence was such that the commission could have reasonably reached a contrary decision the commissions decision was not arbitrary and capricious

assistant: The best answer is D. holding that the legislature must expressly grant monopolies before the commission may exercise such rights
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 attorney-client relationship. And that right cannot be burdened by any claim from the lawyer for compensation or other damages. See Lawler v. Dunn, 145 Minn. 281, 284, 176 N.W. 989, 990 (1920) (“[Because] the client has the right to terminate the relation of attorney and client at any time[,] ... it follows as a natural consequence that [the client] cannot be compelled to pay damages for exercising that right .... ”); cf. Perl v. St. Paul Fire and Marine Ins. Co., 345 N.W.2d 209, 212 (Minn.1984) (“The law treats a client’s right to an attorney’s loyalty as a kind of ‘absolute’ right in the sense that if the attorney breaches his or her fiduciary duty to the client, the client is deemed injured even if no actual loss results.”); Rice v. Perl, 320 N.W.2d 407, 411 (Minn.1982) (<HOLDING>). But see Gilchrist v. Perl, 387 N.W.2d 412, Options: A. holding an attorney is an agent of the client and therefore cannot conspire with the client B. holding client is not liable for actions of attorney who misled client as to the status of case C. recognizing that an attorney has a duty of loyalty to his client D. holding that an attorney may only undertake to represent a new client against a former client where there is no confidential information received from the former client that is in any way relevant to representation of the current client E. holding that an attorney who breaches a fiduciary duty to a client forfeits his right to compensation without any requirement that the client prove actual harm

assistant: The best answer is E. holding that an attorney who breaches a fiduciary duty to a client forfeits his right to compensation without any requirement that the client prove actual harm
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 becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, portions of such provision, or such provision in its entirety, to the extent necessary, shall be severed from this Agreement and the balance of this Agreement shall be enforceable in accordance with its terms.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you are less than eighteen ( 18 ) years of age ( or the legal age of majority in your jurisdiction , if greater ) , then your parent or legal guardian must read and accept this agreement , your use of the service , participating in the service , and providing any personal information in connection with the service on your behalf .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Guaranty Agreement are independent of and separable from each other. If any provision hereof shall for any reason be held invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other provision hereof, but this Guaranty Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein.

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: trust income was payable to her husband for life and thereafter to the taxpayer’s parents. Upon the death of the surviving parent, the trust was to be divided equally among her grandchildren then living or, if any grandchild had died, to that grandchild’s child or children. In 1972, some 33 years after the creation of the trust and when the taxpayer’s mother, who was one of the life beneficiaries, was still alive, the taxpayer disclaimed his interest in the trust. The taxpayer argued that the word “transfer” in the Treasury regulation referred to the vesting or distribution of the property and that the “reasonable time” during which he could make a disclaimer did not begin to run until that interest vested upon the death of the last surviving life tenant. See Keinath, 480 F.2d at 63-64 (<HOLDING>). The Supreme Court rejected the taxpayer’s Options: A. holding that time within which disclaimer of vested remainder interest subject to divestiture must be filed begins to run when interest becomes indefeasibly fixed both in quality and quantity that is after death of life beneficiary not testator B. holding that plaintiffs had no vested interest in former interpretation of state law C. holding that plaintiffs may have a property interest in vested contractual rights D. holding that the interest must be that created by a claim to the demand in suit or some part thereof which is the subject of litigation E. recognizing a broader life interest after a death sentence

assistant: The best answer is A. holding that time within which disclaimer of vested remainder interest subject to divestiture must be filed begins to run when interest becomes indefeasibly fixed both in quality and quantity that is after death of life beneficiary not testator
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: returned over $180,000 of her budget in an effort to reduce costs. (12/17/09 Tr. at 115.) Third, this litigation has actually resulted in cost savings for the District, since as a result of the efforts of the Court, the plaintiffs, and the Special Masters, many class members and DDA customers have been put on the waiver, thereby shifting costs from the District to the federal government. {Id. at 27-28.) This effort, while now reaching fruition {see supra p. 161), was started long before this administration and thus can hardly be credited only to the efforts of the current leadership. Fourth, as Judge Hogan held, the costs of monitoring are not properly considered to be obstacles. LaShawn, 701 F.Supp.2d at 101-2, 2010 WL 1270202, at *14 (citing Agostini, 521 U.S. at 216, 117 S.Ct. 1997 (<HOLDING>)). Fifth, defendants do not address the impact Options: A. holding that investigatory costs are considered costs of response under cercla B. holding that the fact that compliance with the contract would involve greater expense than anticipated due to a steel strike did not excuse performance C. holding that anticipated costs of compliance with an injunctive order are not changed circumstances under rufo D. recognizing that an order denying a motion to modify a family court order where the motion is based on changed factual or legal circumstances is appealable as a special order after final judgment E. holding that substantial compliance with notice is sufficient

assistant: The best answer is C. holding that anticipated costs of compliance with an injunctive order are not changed circumstances under rufo
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 Compensation Committee shall have authority and responsibility and all necessary discretion for granting shares of Restricted Stock under this Plan and setting the terms and conditions of each grant to the extent not inconsistent with the terms of this Plan. Each grant and the terms and conditions of that grant shall be evidenced by a restricted stock agreement between the Company and the person to whom such grant of Restricted Stock has been granted. The Compensation Committee shall have the power and authority, which need not be exercised uniformly among all grants, to set the terms and conditions of each grant of shares of Restricted Stock.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: has met “the burden of showing that ‘such an adjustment is necessary to the determination of a reasonable fee.’” Dague, 505 U.S. at 562, 112 S.Ct. at 2641 (emphasis added) (quoting Blum, 465 U.S. at 898, 104 S.Ct. at 1548). Moreover, we disagree with the dissent that the unavailability of willing local counsel is not a proper factor justifying an enhancement of the lodestar. Such an enhancement is clearly necessary to a reasonable fee where the district court finds that the case is of the type that attorneys are unwilling to take for fear of ostracization and out of concern for their personal safety. Such a consideration is hot ordinarily reflected in the lodestar, and we find that it was clearly not reflected in the lodestar in this particular instance. See Stewart, 987 F.2d at 1454 (<HOLDING>). In the alternative, the dissent contests the Options: A. recognizing that after dague enhancement is still appropriate in limited circumstances on the basis of factors not fully reflected in the basie fee B. holding that application of 2a31 is appropriate even when the victim is fictional as an enhancement for a fictitious victim is consistent with the utilitarian purpose of the enhancement C. recognizing same factors D. recognizing contribution in the appropriate case E. holding that the 2d11b1 enhancement is not limited to the charged conspiracy

assistant: The best answer is A. recognizing that after dague enhancement is still appropriate in limited circumstances on the basis of factors not fully reflected in the basie fee
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: on a motion to dismiss.” Commercial Money Ctr., Inc. v. Illinois Union Ins. Co., 508 F.3d 327, 335 (6th Cir.2007) (citing Fed. R, Civ. P. 10(c)); see also Koubriti v. Convertino, 593 F.3d 459, 463 n. 1 (6th Cir.2010). Even if a document is not attached to a complaint or answer, “when a document is referred to' in the pleadings and is integral to the claims, it may be considered without converting a motion to dismiss into one for summary judgment.” Commercial Money Ctr., 508 F.3d at 335-36. If the plaintiff does not directly refer to a document in the pleadings, but that document governs the plaintiffs rights and is necessarily incorporated by reference, then the motion need not be converted to one for summary judgment. Weiner v. Klais & Co., Inc., 108 F.3d 86, 89 (6th Cir.1997) (<HOLDING>). In addition, “a court may consider matters of Options: A. holding that plan documents could be considered without converting the motion to one for summary judgment even though the complaint referred only to the plan and not its associated documents B. holding that where a complaint makes express reference to attachments that are central to the plaintiffs claims those documents may be considered on a motion to dismiss without converting it into a motion for summary judgment C. holding that it was appropriate for the district court to refer to the documents attached to the motion to dismiss since the documents were referred to in the complaint D. holding that one who is named in documents as plan administrator signs documents as plan administrator and assumes discretionary authority in the administration of the pension plan is a fiduciary E. holding that unauthenticated documents may be considered in support of a motion for summary judgment where the documents were not objected to or their authenticity disputed

assistant: The best answer is A. holding that plan documents could be considered without converting the motion to one for summary judgment even though the complaint referred only to the plan and not its associated documents
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: all title , ownership rights and intellectual property rights in and to world of warcraft ( including without limitation any user accounts , titles , computer code , themes , objects , characters , character names , stories , dialogue , catch phrases , locations , concepts , artwork , animations , sounds , musical compositions , audio-visual effects , methods of operation , moral rights , any related documentation , `` applets '' incorporated into world of warcraft , transcripts of the chat rooms , character profile information , recordings of games played on world of warcraft , and the world of warcraft client and server software ) are owned by blizzard entertainment or its licensors .

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: This Agreement may be executed in two or more counterparts, each of which will be considered one and the same agreement and will become effective when counterparts have been signed by each of the Parties and delivered to Engine (in the case of the Company) or the Company (in the case of a member of the Engine Group) (including by means of electronic delivery or facsimile).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower has the requisite power and authority to execute, deliver and perform its obligations under each of the Loan Documents. Borrower has the power and authority to grant to Lender the security interests in the Collateral. All action necessary for the execution, delivery and performance by Borrower of the Loan Documents has been taken.

assistant: Authority
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 defined herein or as the context may otherwise require, capitalized terms used but not otherwise defined herein are defined in Appendix A to the Sale and Servicing Agreement dated as of the date hereof (as from time to time amended, supplemented or otherwise modified and in effect, the “ Sale and Servicing Agreement ”) among Santander Drive Auto Receivables Trust 2016-3, Santander Consumer, as Servicer, the Purchaser, as Seller, and Wells Fargo Bank, National Association, as Indenture Trustee, which also contains rules as to usage that are applicable herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in several counterparts, and all so executed shall constitute one Agreement, binding on all of the parties hereto, notwithstanding that all of the parties are not a signatory to the same counterpart.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any provision of any Loan Document that is prohibited or unenforceable in any jurisdiction shall, as to such provision and such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of such Loan Document or affecting the validity or enforceability of such provision in any other jurisdiction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for waivers specifically provided for in this Agreement, rights under this Agreement may not be waived except by an instrument in writing signed by the Party to be charged with the waiver. No waiver of, or consent to a change in or modification of, any of the provisions of this Agreement shall be deemed or shall constitute a waiver of, or consent to a change in or modification, other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

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: Lender shall have the right to approve, before issuance, any press release or any other public statement with respect to the transactions contemplated hereby made by the Credit Parties; provided, however, that the Credit Parties shall be entitled, without the prior approval of Lender, to issue any press release or other public disclosure with respect to such transactions required under applicable securities or other laws or regulations. Notwithstanding the foregoing, the Credit Parties shall use their best efforts to consult Lender in connection with any such press release or other public disclosure prior to its release and Lender shall be provided with a copy thereof upon release thereof. Lender shall have the right to make any press release with respect to the transactions contemplated hereby without the Credit Parties’ approval. In addition, with respect to any press release to be made by Lender, Borrowers hereby authorizes and grants blanket permission to Lender to include Intelligent Highway’s stock symbol, if any, in any press releases. Intelligent Highway shall, promptly upon request, execute any additional documents of authority or permission as may be requested by Lender in connection with any such press releases.

assistant: Publicity
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: after, if not as a result of, an employee’s invocation of the EEOC process.” Munoz Rivera v. Walgreens Co., 428 F.Supp.2d 11, 22 (D.P.R.2006) (quoting Kenney v. MML Investors Servs., 266 F.Supp.2d 239, 245-46 (D.Mass.2003)) (internal quotation marks omitted). “The rule does not, however, provide a plaintiff with an unlimited license to extend his [or her] claim endlessly beyond the bounds and parameters encompassed by the admi L 2422330 at *2 (N.D.Tex. Aug. 05, 2009) (finding that although administrative remedies need not be exhausted prior to filing a retaliation claim growing out of a previously filed EEOC charge, “exhaustion is required where the alleged retaliatory acts occurred before filing the charge.”); Houston v. Army Fleet Servs., LLC, 509 F.Supp.2d 1033, 1044 (M.D.Ala.2007) (<HOLDING>); Wilson v. Palmer House Hilton, 2005 WL Options: A. holding that a plaintiff who has filed a charge with the eeoc is foreclosed from pursuing a state civil action under 411202 because filing a charge with the eeoc is equivalent to the election of an administrative remedy under 411205 B. holding that a plaintiff need not exhaust his administrative remedies to bring a retaliation claim C. holding plaintiff did not exhaust his retaliation claim where his eeoc charge made no mention of retaliation D. holding that regarded as claim is reasonably related to claim of discrimination on the basis of disability alleged in eeoc charge E. holding that if the alleged retaliatory action occurs before the initial eeoc charge is filed a plaintiff must exhaust his administrative remedies as to that claim by including factual information in the charge that discloses the factual basis for the retaliation claim

assistant: The best answer is E. holding that if the alleged retaliatory action occurs before the initial eeoc charge is filed a plaintiff must exhaust his administrative remedies as to that claim by including factual information in the charge that discloses the factual basis for the retaliation claim
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: Stacy Danley’s counterclaim is a nullity because he failed to pay the filing fee for it in the State Court. This argument is without merit because an unpaid filing fee in a state court does not nullify a claim in a federal court. Stephanie Danley’s counterclaim is a closer call because she did not claim money damages. If her wrongful foreclosure claim is successful, however, her rights and options regarding the Residence will expand, the Residence itself will re-enter the bankruptcy estate (subject to Liberty Bank’s reinstated mortgage), and Liberty Bank would presumably have a large deficiency claim against the bankruptcy estate. Therefore, it is “related to” their bankruptcy case pursuant to 28 U.S.C. § 1334(b). Cf. Land Ventures for 2, LLC v. Fritz, 551 B.R. 846, 850 (M.D.Ala.2015) (<HOLDING>), appeal docketed, No. 15-15303 (11th Cir. Nov. Options: A. holding that a lawsuit alleging malpractice by an accountant in a bankruptcy case was a core matter within a bankruptcy courts jurisdiction B. holding that bankruptcy court is without jurisdiction to control disposition of chapter 13 debtors property that is not property of the bankruptcy estate unless the property is related to the bankruptcy proceedings of the code C. holding that the district court had bankruptcy jurisdiction over a professional malpractice action filed by a title 11 debtor against the law firm that represented him in his bankruptcy case under section 1334b because the malpractice claim arose in the bankruptcy case D. holding that a corporate chapter 7 debt ors malpractice claim against its bankruptcy attorney was related to its bankruptcy case E. holding that bankruptcy court has discretion to retain jurisdiction over related case after dismissal of the underlying bankruptcy case

assistant: The best answer is D. holding that a corporate chapter 7 debt ors malpractice claim against its bankruptcy attorney was related to its bankruptcy case
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 questions concerning the construction, validity, enforcement and interpretation of the Transaction Documents shall be governed by and construed and enforced in accordance with the internal laws of the State of New York, without regard to the principles of conflicts of law thereof. Each party agrees that all legal proceedings concerning the interpretations, enforcement and defense of the transactions contemplated by this Agreement and any other Transaction Documents (whether brought against a party hereto or its respective affiliates, directors, officers, shareholders, employees or agents) shall be commenced exclusively in the state and federal courts sitting in the City of New York. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in the City of New York, borough of Manhattan for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein (including with respect to the enforcement of any of the Transaction Documents), and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is improper or is an inconvenient venue for such proceeding. Each party hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law. If either party shall commence an action or proceeding to enforce any provisions of the Transaction Documents, then, in addition to the obligations of the Company under Section 4.12 , the prevailing party in such action or proceeding shall be reimbursed by the other party for its reasonable attorneys' fees and other costs and expenses incurred with the investigation, preparation and prosecution of such action or proceeding.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything to the contrary in this Agreement, in the event of a Change in Control that occurs prior to the 2017 Determination Date or the 2018 Determination Date, as applicable, and prior to the Participant’s termination of employment with the Company (or a Subsidiary thereof), the Achievement Percentage with respect to the 2017 Target Award Opportunity and/or the 2018 Target Award Opportunity shall be 100%.

assistant: Change In Control
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: 524, 119 S.Ct. 2133, 144 L.Ed.2d 484 (1999) (concluding that summary judgment is proper where ADA plaintiff fails to show that he is "regarded as unable to perform a class of jobs”)). 13 . See also Olivieri v. Abbot Laboratories, Civil No. 05-1244(ADC), 2008 WL 747082 (D.P.R. March 19, 2008) (evidence that employer was aware of plaintiffs condition, viewed her as unable to meet certain essential requirements of her job and even offered accommodations is insufficient to establish claim that defendant regarded plaintiff as disabled under ADA, inasmuch as the record is void of any evidence that defendant viewed plaintiff as unfit to perform a broad range of jobs). 14 . The EEOC guidelines have defined the term “qualified individual with a disability” as “an indiv 8, 1279-80 (Fed.Cir.1988) (<HOLDING>); Beauford v. Father Flanagan's Boys’ Home, 831 Options: A. holding that attendance is a minimum function of any job B. holding that imposition of punishment is a judicial function C. holding that it is not an appellate courts function to make findings of fact D. holding that inability to maintain regular and reliable level of attendance defeated plaintiffs qualification for the job E. holding that attendance can be an essential function of a position and that excessive absenteeism rendered an employee unqualified for such a position

assistant: The best answer is A. holding that attendance is a minimum function of any job
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Period, Executive shall report to the Board of Directors of the Company (the “ Board ”) and shall have the duties, responsibilities, functions and authority, including administrative, financial, executive and managerial as are customary to the position of Chief Financial Officer. Executive shall serve as a member of the Board and board of directors (or similar governing body) of any other member of the Group as may be requested by the Board.

assistant: Positions
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: Immediately upon the occurrence of a Forbearance Default: (1) the Forbearance Period shall immediately and automatically cease without notice or further action without notice to, or action by, any party, (2) the Holder shall be entitled to exercise any or all of its rights and remedies under the Debenture Documents, the Note, this Agreement, or any stipulations or other documents executed in connection with or related to this Agreement or any of the Debenture Documents or the Note, or applicable law, including, without limitation, the appointment of a receiver, (3) the Company and each Guarantor shall cooperate with the Holder’s repossession of all personal property Collateral, and the Company and each Guarantor shall immediately surrender to the Holder upon the Holder’s request, at the time and place designated by the Holder, all Collateral in its possession, and/or (4) the Holder may set off or apply to the payment of any or all of the Obligations and the obligations due to the Holder under the Note, any deposit balances, any or all of the Collateral or proceeds thereof.

assistant: Remedies