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: Policy Area” — a special zone created in the vicinity of String-fellow wherein additional layers of state and county-level clearances were established in order to ensure that proposed development did not jeopardize the Stringfellow cleanup efforts. The most significant restraints on the development of plaintiffs’ property were the groundwater contamination and the land-use designations. The plaintiffs have failed to show that the EPA’s activities pursuant to the access order had a sufficient adverse economic impact on the value of the subject property to constitute a regulatory taking. A regulation that does not decrease the value of regulated property does not give rise to a taking claim. Goldblatt v. Town of Hempstead, 369 U.S. 590, 593-94, 82 S.Ct. 987, 989-90, 8 L.Ed.2d 130 (1962) (<HOLDING>). The EPA order was never invoked to bar any Options: A. holding that interpretation of regulation by va that conflicted with plain meaning of regulation not entitled to deference B. holding that pma process is not specific regulation because the requirements are not contained in formal regulation C. holding that a regulation prohibiting excavations below groundwater level was not a taking because the regulation only limited some forms of development but did not decrease market value D. holding that the challenge to a university regulation was moot because the regulation had been substantially amended E. holding that where a regulation could not fairly be read to have spoken at all on an issue an agencys proposed interpretation of the regulation as it pertained to that issue was not a reasonable interpretation of the regulation

assistant: The best answer is C. holding that a regulation prohibiting excavations below groundwater level was not a taking because the regulation only limited some forms of development but did not decrease market value
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 the Lender Presentation nor any of the other reports, certificates or other written information (other than projections (the “projections”) and other forward looking information and information of a general economic or industry nature) (collectively, the “information”) furnished by or on behalf of any Loan Party to the Administrative Agent, any Issuing Bank or any Lender in connection with the negotiation of this Agreement or any other Loan Document or delivered hereunder (as modified or supplemented by other information so furnished and taken as a whole with all such other information), when furnished or modified or supplemented, contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. The projections furnished by or on behalf of any Loan Party to the Administrative Agent, any Issuing Bank or any Lender in connection with the negotiation of this Agreement or delivered hereunder (as modified or supplemented by other information so furnished and taken as a whole with all other information), have been or will be prepared in good faith based upon assumptions that are reasonable at the time made and at the time the projections are made available to the Administrative Agent, any Issuing Bank or any Lender by any Loan Party (it being understood that such projections are forward looking statements which by their nature are subject to significant uncertainties and contingencies, many of which are beyond the control of the Loan Parties, and that actual results may differ, and such differences may be material, from those expressed or implied in such projections, and no assurance can be given that the projections will be realized).

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: Purchaser and any Affiliate of Purchaser that will be a party to any Ancillary Agreement is (a) duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization and (b) is duly qualified to do business and in good standing in each jurisdiction where the nature of the activities conducted by it or the character of the property owned by it make such qualification necessary, except for those jurisdictions where the failure to be so qualified does not have a material adverse effect on Purchaser or any such Affiliate of Purchaser. Purchaser is a wholly-owned subsidiary of Spectrum Pharmaceuticals International Holdings, LLC, a wholly owned subsidiary of Parent.

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 legal provision and list the applicable contract clause categories. Provision: Immediately after the making of each Loan on the occasion of each Borrowing and the application of the proceeds thereof, and giving effect to the rights of subrogation and contribution under the Collateral Agreement, (a) the fair value of the assets of the Loan Parties will exceed their debts and liabilities, subordinated, contingent or otherwise, (b) the present fair saleable value of the assets of the Loan Parties will be greater than the amount that will be required to pay the probable liability on their debts and other liabilities, subordinated, contingent or otherwise, as such debts and other liabilities become absolute and matured, (c) the Loan Parties will be able to pay their debts and liabilities, subordinated, contingent or otherwise, as such debts and liabilities become absolute and matured and (d) the Loan Parties will not have unreasonably small capital with which to conduct the business in which they are engaged, as such business is conducted at the time of and is proposed to be conducted following the making of such Loan.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Loan Party is in material compliance with, and its respective properties, business operations, and leaseholds are in material compliance with, all laws applicable to such Loan Party, its properties, and the conduct of its businesses.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: so filed within six months after the alleged act of discrimination”); 42 U.S.C. § 2000e-5 (e)(1) (under Title VII, plaintiff must file an employment discrimination charge with the EEOC either 180 or 300 days after an “alleged unlawful employment practice occurred”). Moreover, because the agreement demands that an employee “deliver to the other party a written notice of his/her/its intention to seek arbitration no later than 180 days after the event that first gives rise to the dispute,” that employee could be barred from seeking those damages for a hostile work environment arising out of discriminatory behavior which occurred outside the limitations period. CP at 22 (emphasis added). See Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 117, 122 S. Ct. 2061, 153 L. Ed. 2d 106 (2002) (<HOLDING>). The agreement’s language requiring written Options: A. holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive B. holding that a plaintiff alleging a hostile work environment claim under title vii may seek damages for all behavior contributing to a hostile work environment claim including behavior allegedly occurring outside the limitations period provided that an act contributing to the claim occurs within the filing period C. recognizing a hostile work environment claim under section 1983 D. holding that consideration of the entire scope of a hostile work environment claim including behavior alleged outside the statutory time period is permissible for the purposes of assessing liability so long as any act contributing to that hostile environment takes place within the statutory time period E. holding various incidents of sexual harassment contributing to hostile work environment form part of same cause of action

assistant: The best answer is B. holding that a plaintiff alleging a hostile work environment claim under title vii may seek damages for all behavior contributing to a hostile work environment claim including behavior allegedly occurring outside the limitations period provided that an act contributing to the claim occurs within the filing period
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 Guarantor unconditionally waives, to the extent permitted by applicable law, (a) notice of any of the matters referred to in Section 3, (b) notice to such Guarantor of the incurrence of any of the Obligations, notice to such Guarantor or the Obligors of any breach or default by such Obligors with respect to any of the Obligations or any other notice that may be required, by statute, rule of law or otherwise, to preserve any rights of the Holders against such Guarantor, (c) presentment to or demand of payment from the Obligors or the Guarantor with respect to any amount due under any Note Document or protest for nonpayment or dishonor, (d) any right to the enforcement, assertion or exercise by any of the Holders of any right, power, privilege or remedy conferred in the Note Purchase Agreement or any other Note Document or otherwise, (e) any requirement of diligence on the part of any of the Holders, (f) any requirement to exhaust any remedies or to mitigate the damages resulting from any default under any Note Document, (g) any notice of any sale, transfer or other disposition by any of the Holders of any right, title to or interest in the Note Purchase Agreement or in any other Note Document and (h) any other circumstance whatsoever which might otherwise constitute a legal or equitable discharge, release or defense of a guarantor or surety or which might otherwise limit recourse against such Guarantor.

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: Promptly upon its receipt thereof, the financial statements and compliance certificates of the Seller provided by the Seller to the Borrower pursuant to Section 4.2(a) of the Sale and Contribution Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of theft and that it would be kept in the Sheriffs Office property room. Sergeant Hall testified in his deposition that he turned the sprayer over to Mr. Baldwin for purposes of holding the property only after he realized how large the sprayer was and determined it would not fit in the property room. Sergeant Hall also gave Mr. Baldwin a Receipt of Property form in which Mr. Baldwin acknowledged that he was obligated to turn the sprayer over to the Sheriffs Office for evidentiary purposes. Mr. Baldwin also signed an Evidence Receipt form, which noted the transfer of the chain of possession from Sergeant Hall to Mr. Baldwin. In these circumstances, Sergeant Hall’s initial seizure was for the proper law enforcement purpose of investigating a reported crime. Cf. Landers, 132 S.W.3d at 752 (<HOLDING>)- Having determined that the Sheriffs Options: A. recognizing that exempt property ceases to be property of the estate B. holding that plaintiffs may have a property interest in real property C. holding that placing of markers on property does not constitute actual possession D. holding that a conviction for receiving stolen property based on possession must be vacated because it involved the same act constituting theft based on retaining property E. recognizing that placing a hold on pawnshop property that matches stolen property can be a valuable law enforcement tool

assistant: The best answer is E. recognizing that placing a hold on pawnshop property that matches stolen property can be a valuable law enforcement tool
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 PARTIES HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE BASE INDENTURE, THE GROUP I SUPPLEMENT, THIS SERIES 2016-1 SUPPLEMENT, THE SERIES 2016-1 NOTES OR THE TRANSACTIONS CONTEMPLATED HEREBY.

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: All notices, demands, instructions, waivers, consents or other communications to be provided pursuant to this Agreement shall be delivered in accordance with the notice procedures set forth in the PDMA, except as otherwise stated herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless otherwise provided herein, any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be given in the manner and become effective as set forth in the Note, and, as to the Pledgor, addressed to it at the address of the Company set forth in the Note and as to the Lender, addressed to it at the address set forth in the Note, or in each case at such other address as shall be designated by such party in a written notice to the other party.

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: he allegedly failed to complete. Id. at 29. He also states that he and his supervisor agreed that he need not complete a particular assignment. Id. at 30. Drawing all justifiable inferences in the plaintiffs favor, the plaintiff implies that the defendant’s proffered legitimate reason for lowering his 2000 performance rating is untruthful. The plaintiff, therefore, has presented a legitimate challenge to the defendant’s proffered explanation. Fischbach v. D.C. Dep’t of Corrections, 86 F.3d 1180, 1183 (D.C.Cir.1996) (citing a Seventh Circuit case concluding that a plaintiff wishing to rebut the employer defendant’s proffered legitimate reason for the adverse action must show “that the explanation given is a phony reason”); see also George v. Leavitt, 407 F.3d 405, 414 (D.C.Cir.2005) (<HOLDING>). The court therefore denies the defendant’s Options: A. holding that a jury could find employers proffered reason for termination pretext when plaintiff presented evidence that she had not violated company policy or was authorized to deviate from stated policy and employer never discussed alleged violations with her B. holding that a reasonable jury could find pretext for a termination where the plaintiff stated that her work was satisfactory and there was no indication that the plaintiffs statement was either incredible or fanciful C. holding that to determine whether the employer intentionally discriminated against the employee the court examines if there is evidence from which a reasonable jury could find that the employers stated reason for the firing is pretext D. holding that inconsistency in employers reasons for the termination is an indication of pretext E. holding that there was no question that the full and fair opportunity element was met where there was no indication that such an opportunity was unavailable

assistant: The best answer is B. holding that a reasonable jury could find pretext for a termination where the plaintiff stated that her work was satisfactory and there was no indication that the plaintiffs statement was either incredible or fanciful
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: sole source of water. Horse Creek is a tributary of the Peace River, and Horse Creek supplies approximately fifteen percent of the fresh water to the portion of the Peace River from which the Authority withdraws water. The Authority has a water use permit (WUP) from the Southwest Florida Water Management District that both gives the Authority the right to withdraw water from the Peace River and sets conditions on those withdrawals. Thus, as an entity possessed of a legal right to withdraw water from the Peace River, the Authority inarguably has a substantial interest in the river’s environmental integrity, and this interest could be injured by changes in the flow of Horse Creek into the Peace River. See Royal Palm Square Ass’n v. Sevco Land Corp., 623 So.2d 533, 535 (Fla. 2d DCA 1993) (<HOLDING>). Further, the potential injury asserted by the Options: A. recognizing that water rights constitute a real property interest B. holding that a property owner who had the right to drain water into a specific lake had a substantial interest in that lakes environmental integrity and thus had a substantial interest in a permit that could alter the drainage into that lake C. holding access to property by navigable lake was per se bar to finding of necessity D. holding that the tribes are the beneficial owners of the south half of flathead lake and that tribal ownership encompasses the lake bed to the high water mark E. holding lake on private land was not navigable in fact and there was no right of public use and enjoyment as lake was not fed by or part of a navigable stream

assistant: The best answer is B. holding that a property owner who had the right to drain water into a specific lake had a substantial interest in that lakes environmental integrity and thus had a substantial interest in a permit that could alter the drainage into that lake
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: contrary to the actor’s duty, and (3) intended to be injurious to another.” Wilcox v. City of Asheville, 222 N.C. App. 285, 289, 730 S.E.2d 226, 230 (2012), appeal dismissed and disc, review denied, 366 N.C. 574, 738 S.E.2d 363, 401 (2013). Regarding whether Officer Funk acted contrary to his duty, the majority concludes that under the totality of the circumstances, Officer Funk’s mistaken belief that plaintiff was Mr. Fearrington was reasonable and, therefore, plaintiff’s arrest was not contrary to Officer Funk’s duty. I disagree. Whether a police officer has acted contrary to his duty when arresting an individual is determined by whether the officer has complied with N.C. Gen. Stat. § 15A-401 (2013) and the Fourth Amendment. See Bailey v. Kennedy, 349 F.3d 731, 746 (4th Cir. 2003) (<HOLDING>); Glenn-Robinson v. Acker, 140 N.C. App. 606, Options: A. holding that false arrest and false imprisonment claim were not duplicative B. holding that arrest was unsupported by probable cause but granting qualified immunity to defendants who made the arrest in reliance on communications with other officers C. holding officer not entitled to public official immunity for false arrest claim when arrest not in accordance with nc gen stat 15a401 and contrary to officers duty D. holding that unlike malicious prosecution claim false arrest claim accrues on the date of the arrest E. holding that claims for false arrest and imprisonment under 1983 accrue at the time of the arrest

assistant: The best answer is C. holding officer not entitled to public official immunity for false arrest claim when arrest not in accordance with nc gen stat 15a401 and contrary to officers duty
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 preserve interstate comity among Colorado, New Mexico, and Texas, establishes minimum amounts of Rio Grande water that must be delivered to gauging stations along the river’s length from north to south. See § 72-15-23. Since the signing of the Compact, all waters of the Rio Grande have been fully appropriated. Reynolds, 1962-NMSC-173, ¶ 12. The OSE, as the steward of New Mexico’s obligations under the Compact, must ensure that it approves only those applications that are “not contrary to the conservation of water within the state and . . . not detrimental to the public welfare of the state[.]” Section 72-5-6; see Montgomery, 2007-NMSC-002, ¶ 15 (discussing rules promulgated by the OSE to ensure compliance with the Compact); Heine v. Reynolds, 1962-NMSC-002, 69 N.M. 398, 367 P.2d 708 (<HOLDING>). In Montgomery, as opposed to this case, the Options: A. holding that the ose has a positive duty to determine whether an application impairs existing water rights B. holding that with respect to judicialenforcement provision in clean water act limiting courts to enforcementj of existing standards and orders the authority to enforce an existing requirement is more than the authority to declare that the requirement exists and repeat that it must be followed C. holding that district court has discretion to determine whether it could reasonably be said that an emergency exists D. holding that preelection claims that an initiative is unconstitutional on its face because it draws an unreasonable distinction between electrical corporations and other utilities constitutes a taking without due process of law is retrospective in effect impairs existing contract rights and is preempted by federal legislation are not ripe for decision E. holding that the analysis to determine whether a claimant has established a reasonable basis to plead a claim for punitive damages is similar to the analysis applied to determine whether the allegations of a complaint are sufficient to state a cause of action

assistant: The best answer is A. holding that the ose has a positive duty to determine whether an application impairs existing water 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 legal provision and list the applicable contract clause categories. Provision: The Executive agrees to cooperate with the Employer’s reasonable requests with respect to all matters arising during or related to his employment about which he has personal knowledge because of his employment with the Employer, including but not limited to all matters (formal or informal) in connection with any government investigation, internal Employer investigation, litigation (potential or ongoing), administrative, regulatory, or other proceeding which currently exists, or which may have arisen prior to or arise following the signing of this Release Agreement. Employer agrees to provide the Executive with reasonable advance notice of such requests and to accommodate Executive’s schedule. The Executive understands that the Employer agrees to reimburse Executive for his reasonable out-of-pocket expenses (not including attorney’s fees, legal costs, or lost time or opportunity) incurred in connection with such cooperation.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: especially hard to believe given the fact that at the May 11, 1995 hearing on Genesis and Aerostar’s motions for summary judgment, ERG did not even try to argue for the validity of its first and second causes of action. Quite to the contrary, ERG’s counsel candidly conceded that ERG had no evidence whatsoever to substantiate its claims of copyright infringement of the Inflatimation Elf and Soldier costumes. ERG attempts to justify its retention of these claims on the ground that it would have been legal malpractice for its counsel to remove such perfectly valid claims from the complaint. Given the fact that ERG had no evidence at all to support these claims — even after three years and numerous depositions — it would hardly have been legal malpractice to drop such claim (2d Cir.1984) (<HOLDING>). B. Reasonableness of the Amount of Attorney’s Options: A. holding that where the plaintiffs copyright infringement claim was without a reasonable legal basis an award of attorneys fees to the defendants was a proper exercise of judicial discretion B. holding proper basis for award of fees C. holding that attorneys fees and statutory damages were unavailable because the copyright was not registered at the time the alleged infringement occurred D. holding that it was not an abuse of discretion for the court to deny an award of attorneys fees to the wife E. holding that plaintiffs equal protection conspiracy claim which was the basis of the lawsuit was groundless and thus defendants were entitled to an award of attorneys fees

assistant: The best answer is A. holding that where the plaintiffs copyright infringement claim was without a reasonable legal basis an award of attorneys fees to the defendants was a proper exercise of judicial discretion
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: Subject to Section 11.9 , each Member agrees that all non-public information received from or otherwise relating to, the Company, its subsidiaries and businesses, their Members, or any third party who has entrusted the Company with confidential information with the expectation that such information will be kept confidential, is confidential and will not be disclosed or otherwise released to any other Person (other than to an Affiliate of a Member or to a consultant or other advisor to such Member who agrees to be bound by the obligations of this Section 11.12 as if it were a party to this agreement). The restrictions set forth herein do not apply to any disclosures required by law or regulatory authority (pursuant to the advice of counsel). The restrictions set forth in this Agreement do not apply to any disclosures relating to U.S. federal and state income tax treatment and tax structure of the transaction contemplated hereby and all materials of any kind (including opinions and tax analyses) relating to such tax treatment and tax structure.

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: No failure by Agent or any Lender to exercise any right, remedy, or option under this Agreement or any other Loan Document, or delay by Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by Agent or any Lender on any occasion shall affect or diminish Agent's and each Lender's rights thereafter to require strict performance by each Borrower of any provision of this Agreement. Agent's and each Lender's rights under this Agreement and the other Loan Documents will be cumulative and not exclusive of any other right or remedy that Agent or any Lender may have.

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

user: 5.2. The obligations in Clause 5.1 shall not apply for Confidential Information that: 5.2.2. was or becomes available to Recipient on a non-confidential basis provided that the source is not known to Recipient to be bound by a confidentiality agreement and is not otherwise in breach of any obligation of confidentiality or restricted use;

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: among other things walking short distances.” (Cplt-¶ 4). Assuming arguendo that the conditions plaintiff complains of satisfy the physical impairment requirement, plaintiff must also plead facts tending to show that the disability “substantially limited” a major life activity. Walking is one of the “major” life activities as defined under the ADA. See 29 C.F.R. § 1630.2(i) (“functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, breathing, learning and working”) (emphasis added). However, plaintiff has not alleged facts tending to show that her ability to walk is “substantially limited” as defined by the act — particularly when uses corrective devices. See Sutton v. United Air Lines, Inc., 527 U.S. 471, 476, 119 S.Ct. 2139, 144 L.Ed.2d 450 (1999) (<HOLDING>). The Court stated that a person whose physical Options: A. holding that the plaintiffs were not substantially limited in any major life activity because plaintiffs severe myopia was correctable with appropriate lenses B. holding that plaintiffs claim that she was disabled because her major life activity of breathing was substantially limited by her respiratory condition would provide a basis for protection under the ada C. holding that plaintiffs evidence showing that defendant refused to allow her to work as flight attendant because of her weight failed to demonstrate that defendant perceived her as substantially limited in any major life activity D. holding that reproduction is not a major life activity E. holding that a lifting restriction of ten pounds did not constitute a physical impairment that substantially limited a major life activity

assistant: The best answer is A. holding that the plaintiffs were not substantially limited in any major life activity because plaintiffs severe myopia was correctable with appropriate lenses
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: These Terms and Conditions of Stock Unit Award (these “ Terms ”) apply to a particular stock unit award (the “ Award ”) if incorporated by reference in the Notice of Stock Unit Grant (the “ Grant Notice ”) corresponding to that particular grant. The recipient of the Award identified in the Grant Notice is referred to as the “ Grantee .” The effective date of grant of the Award as set forth in the Grant Notice is referred to as the “ Date of Grant .” The Award was granted under and subject to the Clean Energy Fuels Corp. 2016 Performance Incentive Plan (the “ Plan ”). The number of shares covered by the Award are subject to adjustment under Section 7.1 of the Plan. Capitalized terms are defined in the Plan if not defined herein. The Award has been granted to the Grantee in addition to, and not in lieu of, any other form of compensation otherwise payable or to be paid to the Grantee. The Grant Notice and these Terms are collectively referred to as the “ Award Agreement ” applicable to the Award.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: over family matters and the Court of Chancery’s jurisdiction over estates). 8 . See Jackmore v. Jackmore, 71 So.3d 912, 913 (Fla.Dist.Ct.App.2011) ("Florida does not have a limitations period for enforcement of alimony or child-support orders_"); Pyne v. Black, 650 So.2d 1073, 1077 (Fla.Dist.Ct.App.1995) ("Child support is enforceable by contempt proceedings or by a judgment for arrearages, and these remedies are not barred by the statute of limitations.”); Frazier v. Frazier, 616 So.2d 575, 579 (Fla.Dist.Ct.App.1993) ("As a general rule, proceedings to enforce periodic alimony and child support orders are equitable proceedings that are not barred by a statute of limitations in Florida.”). 9 . See Sun Oil Co. v. Wortman, 486 U.S. 717, 722, 729, 108 S.Ct. 2117, 100 L.Ed.2d 743 (1988) (<HOLDING>);* Restatement (Second) of Conflict of Laws § Options: A. holding that constitutional error was waived even though petitioner repeatedly used the phrase full faith and credit because petitioner did not cite to the federal constitution or to any cases relying on the full faith and credit clause of the federal constitution B. holding that duress toll to statute of limitations under state law had no application to federal rico statute of limitations C. holding that the full faith and credit clause does not require a state to apply another states law in violation of its own legitimate public policy D. holding that the full faith and credit clause does not require a forum to apply the sovereign immunity doctrine of another state if such an application would violate the forums legitimate public policies E. holding that kansas did not violate the full faith and credit clause when it applied its own statute of limitations to a foreign judgment and noting that tjhis court has long and repeatedly held that the constitution does not bar application of the forum states statute of limitations to claims thatin their substance are arid must be governed by the law of a different state

assistant: The best answer is E. holding that kansas did not violate the full faith and credit clause when it applied its own statute of limitations to a foreign judgment and noting that tjhis court has long and repeatedly held that the constitution does not bar application of the forum states statute of limitations to claims thatin their substance are arid must be governed by the law of a different state
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: produced a total offense level of 12. The District Court also concluded, based on Mr. Crepeau’s criminal history, that he was in criminal history category II. Based on the foregoing, the advisory sentencing range is 12 to 18 months’ imprisonment. The District Court sentenced him to the lowest level of the applicable Guidelines range — 12 months and one day. The only possible error in calculating the advisory sentencing range would be in the District Court’s application of the two-level enhancement because the offense involved more than two threats. But in his plea agreement and at his change-of-plea hearing, Mr. Crepeau admitted that he sent three separate threatening emails to Ms. Lane and one to another bank employee. See United States v. Scott, 441 F.3d 1322, 1327 (11th Cir.2006) (<HOLDING>); United States v. Stokes, 347 F.3d 103, 106 Options: A. holding that when three distinct threats were made 2a61b2 was properly applied even though there were only two mailings B. holding that instructions for terroristic threats were proper even though the court failed to instruct on transitory anger C. holding that even though attorneys fees were not properly awardable under rule 68 costs excluding fees were mandatory D. holding that three denied promotions over the course of three years where the decisions were made by three different selection officials and involved different qualifications were not sufficiently related to constitute a continuing violation E. holding that even though the complaint was dismissed without prejudice as a sanction for misconduct and even though the order of dismissal was therefore not an adjudication on the merits the defendants were nevertheless properly considered the prevailing party for purposes of attorneys fees

assistant: The best answer is A. holding that when three distinct threats were made 2a61b2 was properly applied even though there were only two mailings
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: Recipient shall compensate Provider only for Services actually provided pursuant to this Agreement. Invoices will be rendered each month by Provider to Recipient for the Service Fee for Services delivered during the preceding month and for any other sums due under Sections 2.1 , 2.3 , 3.3 , 2.7 , and 5.2 and Article IV . If any Services are provided by Provider for only part of a calendar month, then any monthly Services Fees applicable for such month will be prorated for the portion of such month in which the Services were actually provided. Each such invoice shall set forth in reasonable detail a description of such Services and the amounts charged therefor. Recipient shall pay all invoiced amounts, which are not disputed, in immediately available funds within thirty (30) days after the date of the invoice. If Recipient in good faith disputes an invoice, it must notify Provider in writing of the dispute within thirty (30) days after receipt of the relevant invoice specifying in detail the reason why Recipient disputes the invoice. Any undisputed amounts not paid within such 30-day period shall be subject to interest from the due date until the date of payment, compounded monthly, at the Interest Rate. If Recipient disputes an invoiced amount in good faith and such amount is thereafter determined to be due and payable, then the foregoing late charges will apply retroactively to the original due date after which such disputed amounts became delinquent. Without limiting any of its other rights and remedies hereunder, Provider may suspend performance of any Services in the event that Recipient fails to timely pay any undisputed amounts due under this Agreement within fifteen (15) days after written notice of non-payment from Provider is received following the end of the 30-day period reflected in such notice. Recipient may not deduct, set-off, counterclaim or otherwise withhold any amount owed to it by Provider (on account of any obligation owed by Provider, whether or not such obligation has been finally adjudicated, settled or otherwise agreed upon in writing) against the fees or other amounts payable or expenses owed by such Recipient to Provider pursuant to this Agreement.

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: commands of the Eighth and Fourteenth Amendments.’” Beck v. Alabama, 447 U.S. 625, 638 n. 13, 100 S.Ct. 2382, 2390 n. 13, 65 L.Ed.2d 392 (1980) (quoting Lockett v. Ohio, 438 U.S. 586, 605, 98 S.Ct. 2954, 2965, 57 L.Ed.2d 973 (1978) (plurality opinion)). But the Court’s 1983 decision in California v. Ramos, 463 U.S. 992, 103 S.Ct. 3446, 77 L.Ed.2d 1171 (1983), which upheld against constitutional challenge a state statute requiring courts to instruct sentencing juries that the governor could commute a life sentence without possibility of parole to a lesser sentence, could have been read to indicate that the “factors which may call for a less severe penalty” that count for Eighth Amendment purposes do not include possible post-conviction contingencies. See id. at 1014, 103 S.Ct. at 3460 (<HOLDING>). Because of the potential tension between Options: A. holding that notwithstanding the eighth amendment the wisdom of the decision to permit juror consideration of possible commutation is best left to the states B. holding that the eighth amendment to the united states constitution prohibits the execution of mentally retarded individuals C. holding that execution of the mentally retarded is prohibited under the eighth amendment to the united states constitution D. holding that under the eighth amendment to the united states constitution the government may not execute a mentally retarded person E. holding that the primary and overarching consideration in custody determination is the best interest of the child

assistant: The best answer is A. holding that notwithstanding the eighth amendment the wisdom of the decision to permit juror consideration of possible commutation is best left to the states
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Recipient shall have no obligation of confidentiality with respect to any information which: 5.3. is rightfully acquired from others who did not obtain it under obligation of confidentiality; or Disclosing Party understands that Recipient may develop or have developed information internally, or receive or have received information from other parties that is similar to the Confidential Information.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in the unlikely event that a reservation is available when you place an order but becomes unavailable prior to check-in , your sole remedy will be to contact the supplier to make alternative arrangements or to cancel your reservation .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: month prior to the offense of conviction. See Figaro, 935 F.2d at 7 (“[Rjeeency of a prior offense may be considered an indicator of increased likelihood of recidivism, exacerbating the seriousness of a defendant’s criminal history.”). Given his recent, persistent, and escalating record of violent behavior, see United States v. Doe, 18 F.3d 41, 47 (1st Cir.1994) (noting that departure was warranted where defendant’s past criminal conduct demonstrated “significantly unusual penchant for serious criminality”), we find no abuse of discretion in the district court’s decision that an upward departure was warranted because Hardy’s pre-departure CHC underrepresented the seriousness of his past criminal conduct and the likelihood of recidivism. See Koon, — U.S. at ---, 116 S.Ct. at 2046-47 (<HOLDING>). b) Offense-Related Characteristics (§ 5K2.0) Options: A. holding that an agencys determination on a workers compensation claim was entitled to deference B. holding that agency interpretation which is reasonable is entitled to deference C. holding that district court is entitled to substantial deference in its determination that particular facts of case implicate a departure factor D. holding that the district court was entitled to deference in its application of 4b12 of the sentencing guidelines in a case where the underlying facts were undisputed E. holding ceq regulations entitled to substantial deference

assistant: The best answer is C. holding that district court is entitled to substantial deference in its determination that particular facts of case implicate a departure factor
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Unless previously terminated, the Revolving Commitments shall terminate on the Revolving Termination Date. The Term Loan Commitments shall terminate upon funding of the Term Loans on the Restatement Effective Date.

assistant: Terminations
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: not err in granting the defendants’ motion. C. Lastly, Kibwika contends that the district court erred in dismissing his state law claims. He argue, for the first time on appeal, that violations of the Florida Constitution and the Florida Model Jail Standards give rise to a § 1983 claim because the violations deprive him of liberty interests protected by the Due Process Clause of the Fourteenth Amendment. But in his complaint, Kibwika clearly invoked the court’s “pendent jurisdiction” when asserting his state-law claims. Because Kibwika makes his § 1983 claim based on alleged state-law violations for the first time on appeal, we will not consider it absent special circumstances, which Kbwika does not allege exist in this case. See Narey v. Dean, 32 F.3d 1521, 1526-27 (11th Cir. 1994) (<HOLDING>). Accordingly, the district court properly Options: A. recognizing its discretionary authority to depart from the general practice of refusing to consider an issue raised for the first time on appeal such as where the interest of substantial justice is at stake or where the proper resolution is beyond doubt B. holding that this court will not consider a theory or issue that was not pleaded or raised in the trial court C. holding that the court will not consider an issue not raised in the district court unless 1 it involves a pure question of law and refusal to consider it would result in a miscarriage of justice 2 the party raising the issue had no opportunity to do so before the district court 3 the interest of substantial justice is at stake 4 the proper resolution is beyond any doubt or 5 the issue presents significant questions of general impact or great public concern D. holding that our court will not consider an issue of whether a defendant has standing to seek suppression of evidence if the issue was not raised in the lower court E. recognizing the general rule that a court of appeals will not consider an issue raised for the first time on appeal

assistant: The best answer is C. holding that the court will not consider an issue not raised in the district court unless 1 it involves a pure question of law and refusal to consider it would result in a miscarriage of justice 2 the party raising the issue had no opportunity to do so before the district court 3 the interest of substantial justice is at stake 4 the proper resolution is beyond any doubt or 5 the issue presents significant questions of general impact or great public concern
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 the event that this arbitration agreement is for any reason held to be unenforceable , any litigation against the company ( except for small-claims court actions ) may be commenced only in the federal or state courts located in dallas county , texas .

assistant: Jurisdiction