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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement and the other Loan Documents shall be binding upon and inure to the benefit of the parties hereto and thereto and their respective successors and assigns permitted hereby, except neither the Borrower nor any other Loan Party may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender, and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of Section 11.06(b) , (ii) by way of participation in accordance with the provisions of Section 11.06(d) , or (iii) by way of pledge or assignment of a security interest subject to the restrictions of Section 11.06(e) (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in Section 11.06(d) and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent, the L/C Issuer and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: • impersonates or misrepresents your affiliation with another user , person , or entity , or is otherwise fraudulent , false , deceptive , or misleading ;

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 and the Constituent Documents constitute the entire agreement, and supersede all prior agreements and understandings, both written and oral, between the parties hereto with respect to the subject matter of this Agreement. Any prior agreements or understandings between the parties hereto with respect to indemnification are hereby terminated and of no further force or 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: In the event of any dispute or claim relating to or arising out of Executive's employment relationship with Company, this Agreement, or the termination of Executive's employment with Company for any reason, Executive and Company agree that all disputes shall be fully resolved by confidential, binding arbitration conducted by a single neutral arbitrator in Austin, Texas through the American Arbitration Association ("AAA") pursuant to the AAA's Employment Arbitration Rules for employer-promulgated plans then in effect, which are available online at the AAA's website at www.adr.org or by requesting a copy from the Human Resources Department. The arbitrator shall permit adequate discovery and is empowered to award all remedies otherwise available in a court of competent jurisdiction and any judgment rendered by the arbitrator may be entered by any court of competent jurisdiction. The arbitrator shall issue an award in writing and state the essential findings and conclusions on which the award is based. To the fullest extent permitted by applicable law, by signing this Agreement, Executive and Company both waive the right to have any disputes or claims tried before a judge or jury. Executive and Company further agree that Company shall have the right to forgo arbitration and seek injunctive relief from the courts if Executive breaches the Proprietary Information and Inventions Agreement. The mutual promise by Company and Executive to arbitrate any and all disputes between them, rather than litigate them before the courts or other bodies, provides the consideration for this agreement to arbitrate.

assistant: Arbitration
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: right of eminent domain cannot be questioned by a private landowner in a proceeding to condemn land); Bonaparte v. Baltimore, H & L. R.R. Co., 75 Md. 340, 23 A. 784 (1892) (the existence of a de facto corporation may not be challenged in a collateral way but must be brought quo warranto ); Reisner v. Strong, 24 Kan. 410 (1880) (a de facto railroad may exercise the right of eminent domain and the legal existence of a de facto corporation can only be questioned by the state in a proceeding for that purpose); The National Docks Railway Co. v. The Central Railroad Company of New Jersey, 32 N.J.Eq. 755 (1880) (when corporation is de facto, private party cannot challenge, but action, instead, must be instituted by the state); The Aurora and Cincinnati R.R. Co., v. Miller, 56 Ind. 88 (1877) (<HOLDING>); McAuley v. Columbus, Chicago and Indian Options: A. holding that a notice of appeal filed in an adversary proceeding could not appeal the main proceeding B. holding that misleading testimony regarding the purpose of a proceeding did not warrant inquiry into the result of the proceeding C. holding that a proceeding under section 547 is a core proceeding D. recognizing that proceeding in the nature guo warranto was pending to challenge organization of railroad rather than through condemnation proceeding E. holding that a workers compensation proceeding is a legal proceeding

assistant: The best answer is D. recognizing that proceeding in the nature guo warranto was pending to challenge organization of railroad rather than through condemnation proceeding
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: linden lab further reserves the right to terminate usage subscriptions and/or virtual goods and services for cause immediately at its sole discretion without advance notice or liability .

assistant: Content removal, Limitation of liability, Unilateral termination
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: consideration is whether the citizen was under a reasonable impression that he was not free to leave the officer’s presence.” Crabtree v. State, 762 N.E.2d 241, 245 (Ind.Ct.App.2002) (citing United States v. Wylie, 569 F.2d 62, 68 (D.C.Cir.1977)). The test for whether such a reasonable impression existed is what a reasonable person, innocent of any crime, would have thought had he been in the citizen’s shoes. Id. Although nothing in the record suggests that Calmes was a motorist and needed his license to leave the location, nonetheless, upon being asked if he was armed, a reasonable person in Calmes’s position would not feel free simply to terminate the encounter, leave his license with the police, and walk away. See, e.g., United States v. Crump, 62 F.Supp.2d 560, 564 (D.Conn.1999) (<HOLDING>); see also Dowdell v. State, 747 N.E.2d 564, Options: A. holding that the encounter between an officer and the defendant did not rise to the level of a terry stop until the defendant gave the officer his license and the officer informed the defendant that he was going to be given a patdown B. holding that by the time the officer asked the defendant if he could frisk him the encounter had evolved into a stop C. holding that the initial stop by officer was based on reasonable suspicion that defendant was impersonating a police officer although another officer arrested defendant for privacy act violation D. holding that once the officer asked the defendant to exit his vehicle the encounter became a stop because the defendant was no longer free to leave E. holding that defendant was seized where the officer told defendant that she knew that he was on probation defendant admitted to the officer that he had given her a false name and defendant was asked for consent to search a backpack because a reasonable inference was that defendant was the subject of a continuing investigation and his or her freedom of movement had been significantly restricted by the officers show of authority

assistant: The best answer is A. holding that the encounter between an officer and the defendant did not rise to the level of a terry stop until the defendant gave the officer his license and the officer informed the defendant that he was going to be given a patdown
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 Loan Documents embody the entire agreement and understanding among the Credit Parties, the Administrative Agent and the Lenders relating to the subject matter hereof and, subject to Section 10.28 , supersede all prior proposals, agreements and understandings relating to the subject matter hereof. Any conflict between the provisions of this Agreement and the provisions of any other Loan Documents shall be governed by the provisions of this Agreement. The Credit Parties certify that they are relying on no representation, warranty, covenant or agreement except for those set forth in this Agreement and the other Loan Documents.

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: (Bankr.D.Mass.1996) (stating that as the drafters of the Code used the term "allowed claims” where they saw fit and, as Sections 1141(d)(2) and 523(a) do not limit their exceptions from discharge to "allowed claims” only, 502(b)(2) should not be read as a limitation on the exceptions from discharge). 2 . In re Harris, 16 B.R. 371 (Bankr.E.D.Tenn.1982) (agreeing with a series of cases holding that relief from the automatic stay should be granted if the debtor does not propose to pay the full amount of the claim, including post-petition interest but denying relief because the debtor in the case proposed to pay 100% of the claim, including post-petition interest); International Harvester Employee Credit Union, Inc. v. Daniel, 13 B.R. 555 (Bankr.S.D.Ohio 1981) . 357 (Bankr.D.Conn.1981) (<HOLDING>); Citizens and Southern National Bank v. Options: A. holding that the automatic stay barred a suit for injunctive relief to prevent postpetition antitrust violations B. holding that the otherwise harmless violation of the automatic stay did not suffice to deprive the irs of the postpetition interest setoff to which it would have been entitled had it first sought a lifting of the stay from the bankruptcy court C. holding that a banks claim of irreparable harm through delay of postpetition interest payments was insufficient to lift the automatic stay under the provisions of section 1301 as the debtor proposed to pay 100 of the plan including postpetition interest D. holding that the automatic stay would be modified so that a credit union could seek payment of postpetition interest from the codebtor E. holding that the automatic stay did not bar the filing of a proof of claim where the debtor actively litigated a separate action during the pending bankruptcy proceeding because to permit the automatic stay provision to be used as a trump card played after an unfavorable result was reached would be inconsistent with the underlying purpose of the automatic stay

assistant: The best answer is D. holding that the automatic stay would be modified so that a credit union could seek payment of postpetition interest from the codebtor
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the boundary was indefinite and that the counties had entered into the settlement agreement in a good faith attempt to settle the only issue of fact in the case — the location of the boundary. Id. at 397. The Yoakum opinion closes with a quote from the Lynn County case that states, “The rule is well settled that counties may settle their boundary disputes, and, where the line is established ‘in accordance with the law,’ their acts will be approved. In fact, it is the public policy of this state to look with favor upon peaceable boundary agreements between interested counties.” Id. at 398 (quoting Lynn County v. Garza County, 58 S.W.2d 24, 26 (Tex.Comm’n App.1931, judgm’t adopted)); cf. Cochran County v. Hockley County, 158 S.W.2d 102, 106 (Tex.Civ.App.—Amarillo 1941, no writ) (<HOLDING>). This case is controlled by Yoakum. The Options: A. holding that state had waived argument because it could have been raised in an earlier appeal but was not and because it fell outside the scope of remand B. holding because line had been marked identified known recognized and acquiesced in counties could not agree to relocate it C. holding that a new trial could not be ordered until there was a finding the parties could not agree on complete reporters record D. holding that it is not known legally that an offense has been committed until there is a conviction E. holding that defendant who had copied plaintiffs perfume formula had a right to market it under defendants name because it identified to public plaintiffs product as competition

assistant: The best answer is B. holding because line had been marked identified known recognized and acquiesced in counties could not agree to relocate it
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: purpose than the standard advanced by the majority, as with the majority’s standard, it lacks a statutory basis. Moreover, as neither party raises a challenge to the burden of proof applied in this case, unlike Justice Wecht, I would not address that issue. In contrast to the majority (and Justice Wecht’s augmented formulation), I see no need to create a new test given the well established test under the incidental powers doctrine, which both parties have agreed applies in this case. It has been an accepted principle from as early as the late 1800s that, in addition to the specific powers listed in a corporation’s charter, a corporation could engage in activities which were incidental to its main purpose. See Malone v. Lancaster Gas Light & Fuel Co., 182 Pa. 309, 37 A. 932, 933 (1987) (<HOLDING>); Citizens’ Elec., 99 A. at 467 (holding that Options: A. holding that gas line is not improvement B. holding provision in oil and gas lease authorizing lessor to use gas for agricultural purposes contained no geographical limitations C. holding that purchasing and supplying gasconsuming appliances was incidental to gas companys corporate purpose of manufacturing and supplying illuminating and heating gas D. holding that injury caused by criminal fleeing after stealing gas from gas station was not foreseeable result of stations policy of not requiring customers to prepay for gas E. holding plaintiffs were properly enjoined from using excessive amounts of gas not contemplated by the free gas clause in the lease

assistant: The best answer is C. holding that purchasing and supplying gasconsuming appliances was incidental to gas companys corporate purpose of manufacturing and supplying illuminating and heating gas
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: are (1) whether Ohio’s Secretary of State, designated by Ohio’s implementing legislation as the chief election official, has a role in ensuring Ohio’s compliance with the NVRA, and (2) whether the Director of the DJFS has a role in ensuring Ohio’s compliance with the NVRA. We first address the statutory framework and then address each defendant in turn. A. The NVRA and Ohio’s Implementing Legislation 1. The NVRA Congress enacted the NVRA, 107 Stat. 77, 42 U.S.C. § 1973gg et seq., to “increase the number of eligible citizens who register to vote in elections for Federal office,” to “protect the integrity of the electoral process,” and to “ensure that accurate and current voter registration rolls are maintained.” Id. § 1973gg(b); see also ACORN v. Miller, 129 F.3d 833, 835 (6th Cir.1997) (<HOLDING>). This case involves Section 7 of the NVRA, Options: A. holding that registration requirements that aid in the collection of taxes are valid exercise of congress power to tax B. holding that congress passed the nvra in an attempt to reinforce the right of qualified citizens to vote by reducing the restrictive nature of voter registration requirements C. holding it is not the policy of the state of south dakota to disenfranchise its citizens of their constitutional right to vote D. holding that the right to vote is fundamental E. holding that a fair referendum assuring the equal right to vote under 101a1 includes the right of members to have the vote scheduled at a time when they can exercise their vote and the right to be free from intimidation or fear of reprisal

assistant: The best answer is B. holding that congress passed the nvra in an attempt to reinforce the right of qualified citizens to vote by reducing the restrictive nature of voter registration requirements
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: in no event shall linden lab or any of its directors , officers , employees , shareholders , subsidiaries , agents or licensors be responsible or liable to you or to any third party for any loss or damages of any kind , including for any direct , indirect , economic , exemplary , incidental , consequential , reliance , special , or punitive losses or damages or disgorgement or comparable equitable remedy , for lost data or lost profits , arising ( whether in contract , tort , strict liability or otherwise ) out of or in connection with the service ( including its modification or termination ) , the software , the websites , the servers , your account ( including its termination or suspension ) or this agreement , whether or not linden lab may have been advised that any such damages might or could occur and notwithstanding the failure of essential purpose of any remedy .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: There are no judgments outstanding against any Relevant Party, or affecting any of the Projects or any other Assets or Property of any Relevant Party, nor to the Relevant Parties’ Knowledge is there any action, charge, claim, demand, suit, proceeding, petition, governmental investigation or arbitration now pending or threatened against any Relevant Party, respectively, or any of the Projects that relates to the legality, validity or enforceability of any of the Transaction Documents, the ability of a Secured Party to exercise any of its rights in respect of the Collateral or the Collateral Documents or, other than as set forth on Schedule 7.10 ( Litigation; Adverse Facts ) , that could reasonably be expected, in the aggregate across all such actions, charges, claims, demands, suits, proceedings, petitions, governmental investigations and arbitrations, to result in a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to establish the charged offense, it is necessary to . examine whether the proof actually presented at trial showed assault. See Jacob, 892 S.W.2d at 908. In making its case, the State relied heavily on appellant’s videotaped statement in which she blamed the murder on a third person named Chop. In the statement, appellant claimed she only wrestled with the complainant, hit him with her hands, and swung at him. These facts are sufficient to show appellant assaulted the complainant. See Bartholomew, 871 S.W.2d at 213 (finding speeding and racing were lesser-included offenses of reckless driving when the State relied on evidence of speeding and racing to establish offense of reckless driving); see also Letson v. State, 805 S.W.2d 801, 806-07 (Tex.App.-Houston [14th Dist.] 1990, no pet.) (<HOLDING>). Accordingly, under the facts of this case, Options: A. holding kicking that caused pain sufficient to establish assault B. holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction C. holding that where evidence was sufficient for attempted murder it was necessarily sufficient for aggravated assault which is a lesser included offense D. holding that consent is not a defense to the charge of second degree assault where the assault occurred in the context of a prison fight between inmates E. holding that evidence was sufficient to establish aggravated assault where appellant was seen pointing and firing a gun at two women

assistant: The best answer is A. holding kicking that caused pain sufficient to establish assault
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: Tenant acknowledges and agrees that the terms of this Third Amendment are confidential and constitute proprietary information of Landlord. Disclosure of the terms hereof could adversely affect the ability of Landlord to negotiate other leases with respect to the Project and may impair Landlord’s relationship with other Tenants of the Project. Tenant agrees that it and its partners, officers, directors, employees, brokers, and attorneys, if any, shall not disclose the terms and conditions of this Third Amendment to any other person or entity without the prior written consent of Landlord which may be given or withheld by Landlord, in Landlord’s sole discretion. It is understood and agreed that damages alone would be an inadequate remedy for the breach of this provision by Tenant, and Landlord shall also have the right to seek specific performance of this provision and to seek injunctive relief to prevent its breach or continued breach.

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 case excerpt and choose the best holding from the options. Case excerpt: on remand following a reversal for failure to present copies of the prior felony judgments and sentences); Roberts, 776 So.2d at 1034 (permitting re-sentencing as a habitual felony offender on remand upon proper proof); Brown, 701 So.2d at 410 (permitting resentencing as a habitual felony offender on remand upon presentation of proper proof that the defendant was the person named in the certified copies of judgments and convictions); see also Walker v. State, 988 So.2d 6, 8, 2007 WL 4462982 (Fla. 2d DCA Dec.21, 2007) (Altenbernd, J., concurring specially) (“Were we writing on a clean slate, I would follow the First, Fourth, and Fifth Districts in concluding that this evidentiary error does not preclude the State from seeking a habitual felo 24 S.Ct. 2531, 159 L.Ed.2d 403 (2004) (<HOLDING>). What we do address is the narrow question Options: A. recognizing a claim that the sentence exceeded the statutory maximum B. holding that apprendi does not apply where the defendant was sentenced to less than the statutory maximum C. holding statutory maximum for prior conviction is the potential maximum sentence defined by the applicable state criminal statute not the maximum sentence which could have been imposed against the particular defendant according to the states sentencing guidelines D. holding that for purposes of apprendi the statutory maximum is the maximum sentence that may be imposed based solely on the jurys findings E. holding that the statutory maximum for apprendi purposes is the maximum sentence a judge may impose solely on the basis of the facts reflected in the jury verdict or admitted by the defendant and without any additional findings by the court

assistant: The best answer is D. holding that for purposes of apprendi the statutory maximum is the maximum sentence that may be imposed based solely on the jurys findings
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 communications and notices hereunder shall (except as otherwise expressly permitted herein) be in writing and given as provided in Section 9.01 of the Credit Agreement. All communications and notices hereunder to the Borrower or any other Grantor shall be given to it in care of the Borrower as provided in Section 9.01 of the Credit Agreement.

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: during 1981-82 relating to the skills tested on the SSAT-II and if so, whether that instruction had been sufficient for a student to master the skills”). The use of surveys is, however, far more prevalent in trademark law than in most other areas. See Neal Miller, Facts, Expert Facts, and Statistics, 40 Rutgers L.Rev. 101, 137 (1987). Moreover, contrary to Schering’s contention, the case law does not support a general rule allowing surveys into evidence for all purposes. See, e.g., United States v. Pryba, 900 F.2d 748, 757 (4th Cir.1990) (excluding survey in obscenity case when offered “to demonstrate the community’s attitude, toleration and standards with regard to sexually explicit materials”); American Footwear Corp. v. General Footwear Co., 609 F.2d 655, 660 n. 4, 663 (2d Cir.1979) (<HOLDING>); Ortho Pharm. Corp. v. Cosprophar, Inc., 828 Options: A. holding that district courts decision regarding defendants minor role status was not clearly erroneous B. holding that the district courts finding of no discrimination was not clearly erroneous because the finding was supported by the record C. holding that it was not clearly erroneous for the district court to consider survey evidence even though the survey was imperfect D. holding district court decision to exclude survey for failure to conduct it under actual marketing conditions not clearly erroneous E. holding that district courts rejection of survey offered to show secondary meaning was not clearly erroneous

assistant: The best answer is E. holding that district courts rejection of survey offered to show secondary meaning was not clearly erroneous
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: 1271, 1272 (10th Cir.2001) (noting this court has an independent duty to examine our own appellate jurisdiction). [I]n determining whether an order of dismissal [without prejudice] is appeal-able, we must examine whether the district court dismissed the complaint or the action. A dismissal of the complaint is ordinarily a non-final nonappealable order (since amendment would generally be available), while a dismissal of the entire action is ordinarily final. Mobley v. McCormick, 40 F.3d 337, 339 (10th Cir.1994) (citations omitted). In making this determination, this court focuses on the district court’s intent in issuing its dismissal order. See id. Here, we deem the district court to have intended to dismiss the entire action. See Ciralsky v. C.I.A., 355 F.3d 661, 665-68 (D.C.Cir.2004) (<HOLDING>); see also Leonard v. Standell, 145 Fed.Appx. Options: A. holding that dismissal with leave to amend is not a final order B. holding dismissal for failure to comply with rule 8 was dismissal of entire action which was appealable final order C. holding that plaintiffs were entitled to vacate final order of dismissal as void when they did not receive the motion for dismissal or notice of the hearing on the order until after the dismissal was entered D. holding that dismissal for failure to comply with discovery orders is on the merits E. holding that a plaintiffs voluntary dismissal of his claims with prejudice constituted a final order that was appealable

assistant: The best answer is B. holding dismissal for failure to comply with rule 8 was dismissal of entire action which was appealable final order
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrower agrees that, as between such Borrower and the Lenders, the obligations of the other Borrower under this Agreement and the Notes may be declared to be forthwith due and payable as provided in Article VIII hereof (and shall be deemed to have become automatically due and payable in the circumstances provided in Article VIII ) notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from being deemed to have become automatically due and payable), such obligations (whether or not due and payable by such other Borrower) shall forthwith become due and payable by such Borrower.

assistant: Remedies
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 hereto shall keep strictly confidential any and all proprietary, technical, business, marketing, sales and other information disclosed to another party hereto in connection with the performance of this Agreement (the “ Confidential Information ”), and shall not disclose the same or any part thereof to any third party, or use the same for their own benefit or for the benefit of any third party. The obligations of secrecy and nonuse as set forth herein shall survive the termination of this Agreement for a period of five years. Excluded from this provision is any information available in the public domain and any information disclosed to any of the parties by a third party who is not in breach of confidential obligations owed to another person or entity. Notwithstanding the foregoing, each party hereto may disclose Confidential Information (a) to its bankers, attorneys, accountants and other advisors subject to the same confidentiality obligations imposed herein and (b) as may be required by Law from time to time provided that the party required to disclose provide the other party, to the extent permitted, reasonable notice in order for such party an opportunity to oppose such disclosure.

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: Those fees which Borrower will pay to Bank in conjunction with Bank's asset based lending services as set forth in Section DD.07 hereof and the Schedule of Charges attached hereto, or any other fees associated with the Line of Credit, whether or not actual loan obligations exist, while the Loan Agreement is in force.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: The plain language of the statute refers only to “Presidential proclamations and Executive orders” of general applicability, “documents or classes of documents that the President may determine ... have general applicability and legal effect,” and “documents or classes of documents that may be required so to be published by Act of Congress.” § 1505(a). Title 21 does not fall into any of these categories. The language Walls emphasizes, “every document or order which prescribes a penalty,” simply modifies the previously outlined categories; it does not itself create a new category of documents subjection to the statute. Thus, a basic criminal statute passed by Congress, such as Title 21, is not covered by 44 U.S.C. § 1505(a). See United States v. Schiefen, 139 F.3d 638, 639 (8th Cir.1998) (<HOLDING>) (citing 44 U.S.C. § 1505(a) and 5 U.S.C. §§ Options: A. holding civil factual sufficiency preservation requirements do not apply in criminal context B. holding that the notice requirements of section 101101 do not apply to employees because they are not governmental units C. recognizing that the federal rules of evidence do not apply to sentencing hearings D. holding that the federal register notice requirements do not apply to federal criminal statutes E. holding that a transferee federal court should apply its interpretations of federal law not the constructions of federal law of the transferor circuit

assistant: The best answer is D. holding that the federal register notice requirements do not apply to federal criminal statutes
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: wills. R. at 150. The affidavits from Messrs. Almazan and Pacquing, alleging that Carlos Pacquing died during World War II and thus could not have placed the veteran with the BC, are likewise not material given that the veteran admitted under oath to having served in the BC. R. at 110. See Blackburn, Villaruz, and Cox, all supra. The other evidence added to the record is similarly not new and material. The .service records submitted address the veteran’s dates of active and inactive duty with the Navy; most are duplicates of documents already of record, and are not material because they do not shed light on his activities with the BC between 1942 and 1944. Compare R. at 15, 17, 19, 28, 41, 44-45, 47 with R. at 160-61, 185, 195, 201, 203; see Rightly v. Brown, 6 Vet.App. 200, 205 (1994) (<HOLDING>); Colvin, supra. The appellant asserts that the Options: A. holding error in admission of evidence is harmless when it was merely cumulative to other evidence in the record B. holding that evidence not submitted to the district court cannot be part of the record on appeal C. holding that new evidence must be evidence that is not merely cumulative D. holding that new evidence is evidence not previously of record and not merely cumulative of other evidence E. holding that material submitted by appellant that is cumulative of evidence previously of record is not new

assistant: The best answer is E. holding that material submitted by appellant that is cumulative of evidence previously of record is not new
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 agreements in this Section shall survive the resignation of the Administrative Agent and any Issuing Lender, the replacement of any Lender, the termination of the Commitments, termination or expiration of all Letters of Credit, and the repayment, satisfaction or discharge of all the other Obligations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for New Trial Phase, 45 Wm. & Mary L.Rev. 783, 813 (2003). Some federal circuits have held that the right to counsel does not attach to motions for new trial. See United States v. Tajeddini, 945 F.2d 458, 470 (1st Cir.1991); United States v. Lee, 513 F.2d 423, 424 (D.C.Cir.1975); United States v. Birrell, 482 F.2d 890, 892 (2d Cir.1973). We find the reasoning in the former line of authorities persuasive. In this connection, we note that the motion for new trial in each of the cases rejecting a right to counsel was filed and decided after the first appeal of right (or after the defendant forewent a direct appeal) and was characterized by the court as a collateral attack, as to which there is no constitutional right to counsel. See Silva v. People, 156 P.3d 1164, 1167-68 (Colo.2007) (<HOLDING>); 3B Charles Alan Wright, Nancy J. King & Susan Options: A. holding that there is no constitutional right to representation by counsel at a parole revocation B. holding that there is no federal or colorado constitutional right to postconviction counsel but there is a limited statutory right C. holding that there is no constitutional right to appeal a criminal conviction D. holding right to testify was federal constitutional right E. holding that there is no federal constitutional right to a bifurcated criminal trial

assistant: The best answer is B. holding that there is no federal or colorado constitutional right to postconviction counsel but there is a limited statutory right
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Loan Parties shall not at any time create, incur, assume or suffer to exist any Lien on any of its property or assets, tangible or intangible, now owned or hereafter acquired, or agree or become liable to do so, except Permitted Liens.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive agrees that the Executive will not publish or communicate to any person or entity Disparaging (as defined herein) remarks, comments or statements concerning the Releasees. The Company’s officers shall not publish or communicate to any person or entity any Disparaging remarks comments or statements concerning the Executive. “Disparaging” remarks, comments, or statements are those that impugn the character, honesty, integrity, morality, or business acumen or abilities in connection with any aspect of the operation of the Company’s business or the Executive.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH OF THE BORROWER, THE OTHER LOAN PARTIES, THE AGENTS AND THE LENDER PARTIES IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO ANY OF THE LOAN DOCUMENTS, THE ADVANCES, THE LETTERS OF CREDIT OR THE ACTIONS OF ANY AGENT OR ANY LENDER PARTY IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT THEREOF.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Capitalized terms used in this Agreement that are not otherwise defined herein shall have the meanings assigned to them in Appendix 1 to the 2019-1 Exchange Note Supplement or, if not defined therein, in Appendix A to the Credit and Security Agreement.

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: Executive acknowledges and warrants that Executive is not aware of, or that Executive has fully disclosed to the Company, in writing, any matters for which Executive was responsible or that came to Executive’s attention as an employee of the Company that might give rise to, evidence, or support any claim of illegal conduct, regulatory violation, unlawful discrimination, or other cause of action against the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Purchaser understands that the Subscription Shares are being offered and sold to it in reliance upon specific exemptions from the registration requirements of United States federal and applicable state securities laws, including Regulation S promulgated under the Securities Act of 1933, as amended. Such exemption depends, in part, on the accuracy and truthfulness of the representations of Purchaser made in this Agreement and the other Transaction Documents. The Company is relying upon the truth and accuracy of such representations, warranties, agreements, acknowledgments, and understandings of Purchaser set forth herein and therein in order to determine the applicability of such exemptions and the suitability of the Purchaser to acquire the Subscription Shares.

assistant: Warranties
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 execution, delivery and performance by each Credit Party of the Operative Documents to which it is a party (a) are within its powers, (b) have been duly authorized by all necessary action pursuant to its Organizational Documents, (c) require no further action by or in respect of, or filing with, any Governmental Authority except for the filings necessary to perfect the Liens created by the Operative Documents or other filings contemplated therein and (d) do not violate, conflict with or cause a breach or a default under (i) any Law applicable to any Credit Party in any material respect, (ii) any of the Organizational Documents of any Credit Party, or (iii) any agreement or instrument binding upon it, except for such violations, conflicts, breaches or defaults as could not, with respect to this clause (iii), reasonably be expected to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 50.10(f)(4); and (e) When issuance of a subpoena to a member of the media is contemplated, the government shall pursue negotiations with the relevant media organization. The negotiations should seek accommodation of the interests of the grand jury and the media. Where the nature of the investigation permits, the government should make clear what its needs are in a particular case as well as its willingness to respond to particular problems o nal or statutory provision, see In re Special Proceedings, 373 F.3d at 44 n. 3, exist to guide the Department’s exercise of its discretion in determining whether and when to seek the issuance of subpoenas to reporters, not to confer substantive or procedural benefits upon individual media personnel. See In re Shain, 978 F.2d 850, 853 (4th Cir.1992) (<HOLDING>) (citing United States v. Caceres, 440 U.S. Options: A. holding even when a request for an attorney is ambiguous it is incumbent upon law enforcement to seek clarification of the ambiguity before denying the statutory right to counsel B. holding reporters have no right to seek enforcement of doj guidelines before being compelled to testify C. holding that right to testify not denied where inter alia defendant made no objection to his attorneys statements that defendant would not testify and made no request to testify D. holding right to testify was federal constitutional right E. holding violation of right to testify could not be harmless

assistant: The best answer is B. holding reporters have no right to seek enforcement of doj guidelines before being compelled to testify
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: followed by ten years’ probation. Because the postconviction court lacked jurisdiction to reduce the sentence, we reverse. A motion to reduce or modify a sentence must be filed “within 60 days after receipt by the court of a mandate issued by the court on affirmance of the judgment and/or sentence on an original appeal.” Fla. R. Crim. P. 3.800(c). Although Stewart sought collateral postcon-viction relief after our mandate issued, she did not pursue further appellate review of her judgment and sentence. Accordingly, jurisdiction returned to the trial court to hear the rule 3.800(c) motion on May 18, 2006, the date the mandate issued from this court. Stewart had sixty days from that date to seek modification of her sentence. See Joseph v. State, 835 So.2d 1221, 1221 (Fla. 5th DCA 2003) (<HOLDING>). The motion at issue in this appeal was filed Options: A. holding that a judgment and sentence become final when direct review proceedings are concluded and jurisdiction returns to the trial court to entertain motions for postconviction relief B. holding that for purposes of 2255 motions a federal criminal judgment becomes final when the time for filing a direct appeal expires C. holding that jurisdiction to entertain a motion to withdraw a guilty plea pursuant to icr 33c expires when the judgment of conviction becomes final ie when an appeal is concluded or in the absence of an appeal when the time for appeal has expired D. holding that a judgment and sentence which are not appealed become final when the thirtyday period for taking an appeal has expired E. holding that a district court judgment is not a final judgment appealable by the defendant unless it includes the final adjudication and the final sentence

assistant: The best answer is A. holding that a judgment and sentence become final when direct review proceedings are concluded and jurisdiction returns to the trial court to entertain motions for postconviction relief