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: or coercion, or to retaliate against government conduct,” 18 U.S.C. § 2332b(g)(5)(A). It is undisputed that Ibrahim was convicted of federal crimes of terrorism, and the evidence presented at trial showed that Ibra-him was involved in or intended to promote these crimes, which were intended to influence by means of intimidation and to retaliate against the government of the United States of America. To assess an enhancement for obstruction of justice based on false testimony, “a sentencing court must find that the defendant 1) willfully 2) and materially 3) committed perjury, which is (a) the intentional (b) giving of false testimony (c) as to a material matter.” United States v. Salim, 549 F.3d 67, 72 (2d Cir.2008) (internal quotation marks omitted). The distri 72, 80 (2d Cir.2006) (<HOLDING>). The relevant statute here provides for Options: A. holding that sentencing under the mandatory guidelines regime creates a presumption of prejudice that the government must rebut with clear and specific evidence that the district court would not have sentenced the defendant to a lower sentence if it had treated the guidelines as advisory B. holding guidelines to be only advisory C. recognizing that under the booker remedial regime the guidelines are no longer mandatory but are only advisory D. holding that even in the absence of a sixth amendment violation the imposition of a sentence under the former mandatory guidelines regime rather than under the advisory regime outlined in booker is plain error E. holding that judicial factfinding at sentencing is permissible indeed required under an advisory guidelines regime

assistant: The best answer is E. holding that judicial factfinding at sentencing is permissible indeed required under an advisory guidelines regime
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: Directly or indirectly, use the proceeds of any Loan or L/C Credit Extension, or lend, contribute or otherwise make available such proceeds to any Subsidiary, joint venture partner or other individual or entity, to fund any activities of or business with any individual or entity, or in any Designated Jurisdiction, that, at the time of such funding, is the subject of Sanctions, or in any other manner that will result in a violation by any individual or entity (including any individual or entity participating in the transaction, whether as Lender, Issuing Bank, Administrative Agent, or otherwise) of Sanctions.

assistant: Sanctions
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: very matter on which he proposes to give an opinion.” Gammill v. Jack Williams Chevrolet, Inc., 972 S.W.2d 713, 718 (Tex.1998). Paragraph six of Dr. Katz’s affidavit states, in pertinent part, that, when an anesthesiologist renders anesthesia services, whether on call or during the regular workday, “it is our practice to charge for those services.” The testimony in paragraph nine states that Dr. Riddle became responsible for S.D. when he assumed the care of Mrs. Chau. As such, he was entitled to compensation for intubat-ing S.D. after birth. While Dr. Katz purported to have personal knowledge of the facts recited in his affidavit, his statement regarding Dr. Riddle’s entitlement to compensation is a legal conclusion with no supporting facts or rationale. See McIntyre, 109 S.W.3d at 749 (<HOLDING>). Dr. Katz’s affidavit makes no claims that, Options: A. holding there was no general jurisdiction when there was no evidence that defendants advertised or promoted their goods or services in texas solicited business in texas sold their goods or services to a texas entity established a general business office or general business presence in texas or targeted texas markets B. holding that where patients expert witness did not testify to what degree of skill and learning ordinarily possessed by doctors in good standing in little rock or similar locales was patient failed to establish applicable standard of care thereby warranting directed verdict in favor of appellant doctor C. holding expert testimony is ordinarily required in legal malpractice cases to establish the standard of care D. holding that maryland doctor not qualified to testify about whats ordinarily billed or what the law ordinarily allows people to recover for their medical services in the state of texas E. holding that plaintiffs are ordinarily entitled to instructions consonant with their theory of the case where evidentiary support for the theory exists

assistant: The best answer is D. holding that maryland doctor not qualified to testify about whats ordinarily billed or what the law ordinarily allows people to recover for their medical services in the state of texas
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: $5,864. 7 The agreement also provides that if Dalmida has not paid the full contract price by July 15,2007, installments will increase to $3,450. (See Verified Compl., Exh. B at 1.) That clause is not triggered because Rasmussen sold the daycare center to a third party on April 14,2007. 8 Rasmussen seeks prejudgment interest on $41,800 from February 28, 2006 until entry of judgment. Granting that request, however, would result in a windfall for Rasmussen because she was not yet owed the full $47,000 at the time the contract was repudiated. Moreover, she mitigated her damages by selling the daycare center to a third party. Given these circumstances, Rasmussen’s calculation of prejudgment interest is inappropriate. See, e.g., Knapp v. Ernst & Whinney, 90 F.3d 1431, 1442 (9th Cir. 1996) (<HOLDING>). 9 From October 15, 2005 through February 15, Options: A. holding that prejudgment interest may inelude compound interest B. holding that the district court also properly considered whether prejudgment interest would amount to a windfall recovery C. holding that prejudgment interest is based on the amount of the judgment not the total amount of damages awarded by the jury because nonsettling defendants have no control over settlement negotiations and should not be forced to pay prejudgment interest on settling defendants parts of a damages award D. holding that prejudgment interest may include compound interest E. holding prejudgment interest is to be determined on the entire amount of compensatory damages and then reduced by the amount of interest which would have accrued at present value on the settlement amount determined before trial

assistant: The best answer is B. holding that the district court also properly considered whether prejudgment interest would amount to a windfall recovery
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 recognize and agree that if for any reason any of the provisions of this Agreement are not performed in accordance with their specific terms or are otherwise breached, immediate and irreparable harm or injury would be caused for which money damages would not be an adequate remedy. Accordingly, each party agrees that in addition to other remedies the other party or parties shall be entitled to at law or equity, the other party or parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement exclusively in the Chancery Division of the New Jersey Superior Court (provided that, in the event that subject matter jurisdiction is unavailable in that court, then all such claims shall be brought, heard and determined exclusively in any other state or federal court sitting in the State of New Jersey). Furthermore, each of the parties hereto (a) consents to submit itself to the personal jurisdiction of the Chancery Division of the New Jersey Superior Court or other federal or state courts of the State of New Jersey in the event any dispute arises out of this Agreement or the transactions contemplated by this Agreement, (b) agrees that it shall not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such court, (c) agrees that it shall not bring any action relating to this Agreement or the transactions contemplated by this Agreement in any court other than the Chancery Division of the New Jersey Superior Court or other federal or state courts of the State of New Jersey, and each of the parties irrevocably waives the right to trial by jury and (d) irrevocably consents to service of process by a reputable overnight mail delivery service, signature requested, to the address of such party’s principal place of business or as otherwise provided by applicable law. THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS, INCLUDING VALIDITY, INTERPRETATION AND EFFECT, BY THE LAWS OF THE STATE OF NEW JERSEY APPLICABLE TO CONTRACTS EXECUTED AND TO BE PERFORMED WHOLLY WITHIN SUCH STATE WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PRINCIPLES OF SUCH STATE.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was given a fifteen-year minimum sentence because he was found to be an armed career criminal under 18 U.S.C.A. § 924(e)(1) (West Supp.2005). On appeal, Smith argues that the district court erred by sentencing him as an armed career criminal in violation of Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), because this judicially-imposed sentencing enhancement was neither found by a jury nor admitted by him. Since Smith’s appeal, the Supreme Court has extended the rule of Blakely to the Federal Sentencing Guidelines. See United States v. Booker, 543 U.S. 220,125 S.Ct. 738, 160 L.Ed.2d 621 (2005). For the reasons that follow, we affirm. Smith’s argument is foreclosed by two of our recent decisions. See United States v. Thompson, 421 F.3d 278, 282-84 (4th Cir.) (<HOLDING>), petition for cert, filed (Oct. 25, 2005) (No. Options: A. holding that sixth amendment not violated when sentence enhanced based on prior convictions that were not charged in indictment or admitted by defendant B. holding that district court may enhance sentence based on fact of prior convictions under 924e regardless of whether admitted by defendant or found by jury C. holding that all facts that would enhance the defendants sentence above the statutory maximum must be found by a jury D. holding that the fact of prior convictions under 924e need not be charged in an indictment and proven to a jury and also that the government need not charge in an indictment and prove to a jury that a defendants prior conviction constitutes a violent felony under 924e E. holding that this court reviews a booker issue de novo where the defendant objected in the district court to sentence enhancements based on facts not found by a jury nor admitted by the defendant

assistant: The best answer is B. holding that district court may enhance sentence based on fact of prior convictions under 924e regardless of whether admitted by defendant or found by jury
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 significance and importance of the ability to poll the jury); State v. Behnke, 155 Wis.2d 796, 456 N.W.2d 610, 612 (1990). This does not mean, however, that Appellant was deprived of his Sixth Amendment right to counsel: even if Mr. Durst’s substitution for Mr. Mozenter failed to conform to the criminal procedural rules, it does not follow that a deprivation of counsel occurred, as Appellant was in fact represented by Mr. Durst when the jury returned to the courtroom and announced its verdict. Appellant does not allege that Mr. Durst was not a member in good standing of the Pennsylvania Bar, that a conflict of interest or some other defect prevented Mr. Durst from representing him, see Holloway v. Arkansas, 435 U.S. 475, 484, 98 S.Ct. 1173, 1178-79, 55 L.Ed.2d 426 (1978) (<HOLDING>), or that Mr. Durst was otherwise hindered from Options: A. recognizing that the sixth amendment guarantees a defendant the right to counsel and the right to waive counsel B. holding that the defendant was deprived of his sixth amendment right to counsel where appointed counsels representation presented a conflict of interest C. holding that to demonstrate that a conflict of interest violated his sixth amendment rights a defendant must establish that an actual conflict of interest adversely affected his lawyers performance D. holding that a criminal defendant has a sixth amendment right to counsel at trial E. holding that the defendant validly waived right to conflictfree representation where the defendant knew a conflict existed its effect on his defense and his right to have other counsel appointed

assistant: The best answer is B. holding that the defendant was deprived of his sixth amendment right to counsel where appointed counsels representation presented a conflict of interest
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 proceeds of the Advances and issuances of Letters of Credit shall be available (and the Borrower agrees that it shall use such proceeds) solely for general corporate purposes of the Borrower and its Subsidiaries.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: has not shown that it was forced to lease the Lynch figures as part of appellees’ alleged conspiracy to monopolize the wax museum display figure market. Leasing requirements, in combination with other practices, can sometimes impede competition and thereby violate the antitrust laws. For example, in United States v. United Shoe Machinery Corp., 110 F.Supp. 295 (D.Mass.1953), aff'd 347 U.S. 521, 74 S.Ct. 699, 98 L.Ed. 910 (1954) (per curiam), the defendant shoe-making equipment manufacturer used an array of practices, including a lease-only policy, both to keep its customers from looking to other suppliers and to prevent its competitors from entering into the shoe machinery field. The court condemned the defendant’s “refusal to sell” practices, finding them to be exclusionary. See id. (<HOLDING>); see also Hanover Shoe v. United Shoe Options: A. holding that uniteds lease provisions violated 4 of the sherman act B. holding ncaas television restrictions violated 1 of the sherman act C. holding that same activity violated 2 of the sherman act D. holding ban violated the sherman act E. holding that plaintiffs complaint failed to state a claim under section 1 of the sherman act

assistant: The best answer is A. holding that uniteds lease provisions violated 4 of the sherman act
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: CANCELLATION, or DELIVERY UP of agreements, securities, or deeds is sought....”) (citing Bromley v. Holland, [1802] 7 Ves. Jun. 3(Ch.) at 1» (Eng.) (discussing equity jurisdiction in such cases)). Likewise, the relief requested is, in effect, equitable rescission. See Ballow Brasted O’Brien & Rusin P.C. v. Logan, 435 F.3d 235, 240 (2d Cir.2006) (rescission is an equitable remedy); Standard Chlorine of Del., Inc. v. Leonard, 384 F.2d 304, 308 (2d Cir.1967) (“[I]t is clear that requests for ... rescission have traditionally been considered equitable in nature.”); Mallory v. Citizens Util. Co., 342 F.2d 796, 797 (2d Cir.1965) (action for rescission is “triable by the court,” not the jury); see also Deckert v. Independence Shares Corp., 311 U.S. 282, 284, 61 S.Ct. 229, 85 L.Ed. 189 (1940) (<HOLDING>). Indeed, the Second Circuit has noted that a Options: A. holding that rule 10b4 claims were not automatically assigned to purchasers of securities B. holding that the wording of 10b making fraud in connection with purchase or sale of security a violation of the act is surely badly strained when construed to provide a cause of action not to purchasers or sellers of securities but to the world at large C. holding only purchasers and sellers of securities can recover under section 10b and rule 10b5 D. holding that evidence was sufficient to support convictions for willfully engaging in fraudulent conduct in connection with sale of securities because kjnowledge that the act violates the securities laws is not relevant E. holding that the securities act authorizes purchasers to maintain a suit in equity to rescind a fraudulent sale and secure restitution of the consideration paid

assistant: The best answer is E. holding that the securities act authorizes purchasers to maintain a suit in equity to rescind a fraudulent sale and secure restitution of the consideration paid
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: however, has effectively eroded the reasoning of these cases. See e.g., Coastal Group, Inc. v. Dryvit Systems, Inc., 274 N.J.Super. 171,179-180, 643 A.2d 649 (App.Div.l994)(finding the Act applicable to commercial entities and stating that “both Unifoil and Werner & Pfleiderer were based on an overly expansive reading of .Spring Motors[ Distributors Inc. v. Ford Motor Co., 98 N.J. 555, 489 A.2d 660 (1983) ], which is inconsistent with [state statutory provisions] as well as with state decisional law”); see also Naporano Iron & Metal Co. v. American Crane Corp., 79 F.Supp.2d 494 (D.N.J.1999)(Greenaway, J.)(corporate purchaser of crane stated claim against manufacturer under the Consumer Fraud Act); Florian Greenhouse, Inc. v. Cardinal IG Corp., 11 F.Supp.2d 521 (D.N.J.1998)(Walls, J.)(<HOLDING>); Alloway v. General Marine Indus., 149 N.J. Options: A. holding that a garnishment proceeding is an action against the consumer B. recognizing cause of action C. holding that nothing in the legislative history of the pennsylvania consumer fraud act suggests that the legislature ever intended statutory language directed against consumer fraud to do away with the traditional elements of reliance and causation and accordingly in order to maintain a class action suit under the pennsylvania consumer fraud act a plaintiff must allege reliance D. recognizing the cause of action E. recognizing the availability of a cause of action by manufacturer against supplier under consumer fraud act

assistant: The best answer is E. recognizing the availability of a cause of action by manufacturer against supplier under consumer fraud act
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 Borrower will use the proceeds of the Term B Loans, after the Second Amendment Effective Date, (x) to repurchase in a tender offer, redemption, defeasance, satisfaction and discharge or other repayment (the “ Note Refinancing ”) all or a portion of the Borrower’s outstanding 3.875% Senior Notes due 2018 (the “ Existing Notes ”), and (y) to pay fees and expenses in connection with the foregoing and the other transactions contemplated herein and, to the extent that any such proceeds are remaining after giving effect to the transactions, the Borrower may use such proceeds for general corporate and working capital purposes .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, the court making such holding is expressly authorized to modify such invalid, illegal or unenforceable provision in lieu of severing such provision from this Agreement in its entirety, whether by rewriting such provision, deleting any or all of such provision, adding additional language to this Agreement or by making any other modifications as it deems warranted to carry out the intent and agreement of the Parties as embodied in this Agreement to the maximum extent permitted by law. Should any provision of this Agreement be held by a court of competent jurisdiction to be valid, legal or enforceable only if modified, or if any portion of this Agreement shall be held as invalid, illegal or unenforceable and thus stricken, such holding shall not affect the validity of the remainder of this Agreement, the balance of which shall continue to be binding on the Parties with any such modification to become a part hereof and treated as though originally set forth in this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) (i) (A) The Initial Term Loan Commitments shall automatically terminate upon the making of the Initial Term Loans on the Effective Date and (B) the Other Term Loan Commitments of any Class or Series shall automatically terminate upon the making of such Other Term Loans on the applicable Refinancing Effective Date provided in the relevant Refinancing Amendment.

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: the BIA’s decision as the final failed to take his medical condition into account in denying his request for a continuance. To the contrary, the IJ expressly considered Maldonado-Reyes’s request for an extension based on his medical condition and denied that request because the medical condition did not provide a basis for remaining in the United States. (A.R. 61-62). Maldonado-Reyes further contends that the denial of a continuance amounted to a deprivation of his right to counsel, violating his due process rights. The denial of a continuance is discretionary and therefore cannot form the basis for a due process claim. Abu-Khaliel, 436 F.3d at 635. Regardless, Maldonado-Reyes cannot demonstrate prejudice, as discussed below. See Gishta v. Gonzales, 404 F.3d 972, 979 (6th Cir.2005) (<HOLDING>). Maldonado-Reyes also asserts that the IJ Options: A. holding petitioner must show prejudice to prevail on due process claim B. holding petitioner must demonstrate error and substantial prejudice to prevail on a due process claim C. holding that an alien must establish that he was prejudiced by the alleged error in order to prevail on a due process claim D. holding that an alien raising a due process challenge to removal proceedings must show error and substantial prejudice E. holding that an alien must show error and substantial prejudice in order to prevail on a due process claim

assistant: The best answer is D. holding that an alien raising a due process challenge to removal proceedings must show error and substantial prejudice
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: Schedule 3.12 to the Disclosure Letter sets forth a description of all insurance maintained by or on behalf of Holdings, the Borrower and the Subsidiaries as of the Second Refinancing Facility Agreement Effective Date.

assistant: Insurances
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 software platform used by Akira in this case had the capacity (as interpreted by the FCC) to “store or produce, telephone numbers.to be called, using a random or sequential number generator,” see 47 U.S.C. § 227(a)(1)(A), that would cause Akira to be in violation of the TCPA. See id. § 227(b)(1). Because Blow cannot meet an -essential element to succeed on a TCPA claim, the Court grants Akira’s motion for summary judgment, and denies Blow’s motion for summary judgment. The case is terminated. IT IS SO ORDERED; 1 . The Court has reviewed the parties' statements of material facts and responses thereto, and has struck all facts and responses that did not comply with Local Rule 56.1(b)(3)(B) from the following recital. See Petty v. City of Chicago, 754 F.3d 416, 420 (7th Cir. 2014) (<HOLDING>). The following undisputed facts are taken from Options: A. holding that district court did not abuse its discretion by striking facts included in nonmovants responsive memorandum B. holding the district court did not abuse its discretion in applying its own local rules even though those rules prevented it from considering some facts improperly alleged by plaintiffs that might have been relevant to the summary judgment motion C. holding the district court did not abuse its discretion by applying local rules that excluded some of the material facts offered in opposition to a motion for summary judgment D. holding that district court did not abuse discretion in not binding government to casual statements made by its attorney E. holding that district court did not abuse its discretion in striking fact statements that did not comply with the local rules

assistant: The best answer is E. holding that district court did not abuse its discretion in striking fact statements that did not comply with the local rules
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 5.7 hereto, there is no litigation, arbitration or proceeding pending or, to the knowledge of any of the Company’s executive officers, any governmental investigation or inquiry pending or any litigation, arbitration, governmental investigation, proceeding or inquiry threatened in writing against or affecting the Company or any of its Restricted Subsidiaries that could reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of the Loans or Advances (other than Loans or Advances for Certain Funds Purposes).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments to be made by Borrower shall be made without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by Borrower hereunder shall be made to Agent, for the account of the respective Lenders to which such payment is owed, at Agent’s Office in Dollars and in immediately available funds not later than 12:00 noon on the date specified herein. Agent will promptly distribute to each Lender its Applicable Percentage (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s Lending Office. All payments received by Agent after 12:00 noon shall be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. If any payment to be made by Borrower shall come due on a day other than a Business Day, payment shall be made on the next succeeding Business Day, and such extension of time shall be reflected in computing interest or fees, as the case may be.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: without limiting the foregoing , to the maximum extent permitted under applicable law , the twitter entities disclaim all warranties and conditions , whether express or implied , of merchantability , fitness for a particular purpose , or non-infringement .

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: Arnold and Carrigan, there is no allegation of wrongdoing on their part nor any allegation that they were responsible for the contract being entered into before the plans were completed. Moreover, in the section detailing the relief sought by Plaintiff under Count I, there is no mention of the two non-diverse Defendants, save perhaps for the request that the Court declare the contract was entered into before the plans were completed. (Comply 25a.) The fact that the two non-diverse Defendants were named pursuant to the Uniform Declaratory Judgments Act, R.I. Gen. Laws § 9-30-1 et seq. does not relieve Plaintiff of the obligation to allege sufficient facts supporting the claim that they have a legal interest in the proceeding. Lamb v. Perry, 101 R.I. 538, 225 A.2d 521, 523 (1967)(<HOLDING>). The utter dearth of factual allegations Options: A. holding that where the question to be resolved in the declaratory judgment action will be decided in a pending action it is inappropriate to grant a declaratory judgment B. holding that letter stating that the defendant was fully prepared to take all necessary legal action in order to protect defendants work was sufficient to show an actual threat of litigation and created a case or controversy for the purposes of the declaratory judgment act C. holding that the case or controversy requirement applies with equal force to actions for declaratory judgment D. holding that actual controversy requirement is met where there is a substantial controversy between parties having adverse legal interests of sufficient immediacy and reality to warrant the issuance of a declaratory judgment E. holding that to establish jurisdiction in action for declaratory judgment controversy must be actual and present a case for the consideration of the court wherein plaintiff is asserting some legal or property right adverse to defendant

assistant: The best answer is E. holding that to establish jurisdiction in action for declaratory judgment controversy must be actual and present a case for the consideration of the court wherein plaintiff is asserting some legal or property right adverse to defendant
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 the provisions of Paragraphs 2 and 3 hereof, any Class A Performance LTIP Units covered by this LTIP Unit Award that have not become Vested on or before the date that the Participant’s employment with the Company and its Affiliates terminates or is terminated shall be forfeited on the date that the Participant’s employment with the Company and its Affiliates terminates or is terminated for any reason. No Class A Performance LTIP Units covered by this LTIP Unit Award may become Vested after January 28, 2019. The Participant shall have no further right or interest in any of the Class A Performance LTIP Units covered by this LTIP Unit Award that are forfeited in accordance with the two preceding sentences.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If a Participant violates the terms set forth in (a) or (b) above or any other confidentiality, non-disclosure, non-competition, non-solicitation or other restrictive covenant obligation under any other agreement the Participant may have entered or will enter into with the Company, including, but not limited to, any employment, non-competition, non-disclosure, non-solicitation or restrictive covenants agreement, then, notwithstanding any other provision of this Plan, (i) any unvested Full Value Awards will automatically be forfeited and cancelled; (ii) any unexercised Options and SARs will automatically be forfeited and cancelled; (iii) if any Full Value Awards vested within one year of the time of the violation, then the Participant will pay to the Company, upon demand and at the Company's sole discretion, an amount in cash equal to the Fair Market Value of such Full Value Award at the time such Full Value Award vested, less any taxes incurred by the Participant as a result of the vesting of such Full Value Award; and (iv) if any Options or SARs were exercised within one year of the time of the violation, then the Participant will pay to the Company, upon demand and at the Company's sole discretion, an amount in cash equal to the gain realized by the Participant upon the exercise of such Options or SARs (after taking into account any taxes incurred by the Participant in connection with the exercise of such Options or SARs). Such forfeiture and/or recovery are in addition to, and not in lieu of, any and all other legal and/or equitable remedies that may be available to the Company in connection with a Participant's violation of any of the covenants set forth in (a) and (b) above or any other confidentiality, non-disclosure, non-competition, non-solicitation or other restrictive covenant obligation under any other agreement the Participant may have entered or will enter into with the Company.

assistant: Forfeitures
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 class representative: An Idea Whose Time Has Come,” 9 Class Action Reports 4 (1986), and authorizing $50,000 incentive award for class representative). Depending on the involvement of the class rep resentative, courts, including federal courts sitting in Pennsylvania, have allowed incentive awards in substantial amounts. See e.g., In re SmithKline Beckman Corp. Sec. Litig., 751 F. Supp. 525 (E.D. Pa. 1990) (approving award of $5,000 to each of several class representative); In re First Jersey Sec. Inc. Litig., MDL no. 681, 1989 WL 69901 (E.D. Pa. June 23, 1989) (approving award of $24,000 to class representative); Bogosian v. Gulf Oil Corp., 621 F. Supp. 27 (E.D. Pa. 1985) (approving award of $20,000 to each of two class representative). Cf. In re U.S. Bioscience, 155 F.R.D. 116 (<HOLDING>). This is not to say that payments to class Options: A. holding that a class representatives ignorance of the case is not a bar to certification unless it impairs the representatives ability to vigorously prosecute the action B. holding that class representatives cannot appear pro se C. recognizing that the number of class representatives is not significant under rule 23a D. holding that awards of 2500 to majority of representatives and 5000 to deposed representatives were inappropriate where representatives had borne little risk by participating in litigation and provided services that could have been provided by any other class member E. holding that district court erred by shifting burden to defendants to show that class representatives were inadequate

assistant: The best answer is D. holding that awards of 2500 to majority of representatives and 5000 to deposed representatives were inappropriate where representatives had borne little risk by participating in litigation and provided services that could have been provided by any other class member
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: For and in consideration of the mutual benefits to be derived here from, and subject to the terms and conditions hereinafter set forth, Seller shall sell, transfer, convey and deliver to Buyer at closing, and Buyer shall purchase and acquire at closing an undivided 90% of all right, title, interest and estate of Seller in, to and under the oil and gas leases set forth in Exhibit “A” attached hereto and incorporated herein by reference and other leasehold and mineral interests on the lands covered thereby together with an undivided 90% of all: oil and gas wells thereon, oil and gas equipment and fixtures thereon or used in the operation thereof, equipment and other personal property used in connection with oil and gas operations upon the above described oil and gas leases, (including but not limited to the items described on Exhibit “B” attached hereto and incorporated herein by reference and pipe, pumps, tanks, motors, pump jacks, gathering lines, electric lines, and associated materials and related parts and supplies), easements, permits, rights of way, surface leases, servitudes and agreements insofar as they pertain to the Leases or are related thereto, tenements, hereditaments and appurtenances to said leases, drilling data, electric logs, lease files, land files, well files, division order files, geophysical data/reports, maps, regulatory files, title opinions and records drillers logs, reserve reports, appraisals, evaluations, studies, or any other documents or files prepared for or in any way relating to said oil and gas leases (collectively, the “Leases”).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: informal refund claim based on written protests prior to payment); Night Hawk Leasing Co. v. United States, 84 Ct.Cl. 596, 603-04, 18 F.Supp. 938 (1937) (concluding that the taxpayer made an informal refund claim by writing an objection on the back of a check submitted as payment of the tax). Contrary to the assertions in plaintiffs complaint, Mr. Evans’ March 29, 2012 memorandum does not satisfy either of the requirements for informal claims. First, although the memorandum states that Mr. Evans verbally “conceded” that Mr. Ishler “has an open informal claim due to the documented discussions with IRS officials,” Compl. Ex. A at 1, it does not reference any written component of that alleged claim. See, e.g., Disabled Am. Veterans v. United States, 650 F.2d 1178, 1179-80 (Ct.Cl.1981) (<HOLDING>) (citations omitted). Second, the memorandum Options: A. holding that oral assertions by the taxpayer during an audit were insufficient as a matter of law to constitute an informal refund claim B. holding that an oral challenge to the venire is insufficient C. holding that while the contract did not establish a formal fiduciary relationship the pleadings were sufficient to raise an issue as to the existence of an informal one D. holding that a negative performance evaluation on its own is insufficient to constitute an adverse employment action as a matter of law E. holding that a motion to liftthe bankruptcy stay in order to pursue a claim is an informal proof of claim

assistant: The best answer is A. holding that oral assertions by the taxpayer during an audit were insufficient as a matter of law to constitute an informal refund claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This guaranty and the other Secured Obligation Documents required under this guaranty, collectively: (a) represent the sum of the understandings and agreements between Lender and Guarantor concerning this credit; (b) replace any prior oral or written agreements between Lender and Guarantor concerning this credit; and (c) are intended by Lender and Guarantor as the final, complete and exclusive statement of the terms agreed to by them. In the event of any conflict between this guaranty and any other agreements required by this guaranty, this guaranty will prevail.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided herein, this Agreement and the licenses granted herein shall not be assignable or transferable by Licensee, including to any Affiliate of Licensee, without the prior written consent of CareFusion, which shall not be unreasonably withheld, conditioned or delayed. Licensee is entitled to assign this Agreement and the License, in whole but not in part, and CareFusion hereby consents to such assignment, upon a merger, consolidation or reorganization of Licensee, or upon a sale or other transfer of more than fifty percent (50%) of the voting securities of Licensee (or such lesser number as is sufficient to transfer the authority to elect a majority of the board of directors of Licensee). Any assignment of this Agreement by Licensee shall be null and void unless the assignee agrees in advance in writing to be bound by the terms of this Agreement as if it were an original signatory hereto. For purposes of this Agreement, any change in Control of Licensee shall be deemed an assignment, and accordingly, the agreement must be assigned to the “assignee” thereof. CareFusion may assign this Agreement, and any of the Intellectual Property licensed to Licensee in this Agreement, to any person or entity at its discretion. The terms and conditions of this Agreement shall be binding on and inure to the benefit of the permitted successors and assigns of the parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has provided to the Share Acquiror a complete list of each direct and indirect Subsidiary of the Company, including its name and jurisdiction of incorporation or formation. Each Subsidiary has been duly incorporated or organized, as the case may be, and is validly existing as a corporation, partnership or limited liability company, as applicable, in good standing under the laws of the jurisdiction of its incorporation or organization and has the power and authority (corporate or other) to own, lease and operate its properties and to conduct its business as presently conducted. Each Subsidiary is duly qualified as a foreign corporation, partnership or limited liability company, as applicable, to transact business and is in good standing in each jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure to so qualify or be in good standing would not, individually or in the aggregate, constitute a Material Adverse Effect. All of the issued and outstanding capital stock or other equity or ownership interests of each Subsidiary have been duly authorized and validly issued, are fully paid and nonassessable and are owned by the Company, directly or through subsidiaries, free and clear of any encumbrances or preemptive and similar rights to subscribe for or purchase securities.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party hereto agrees that it will permit public disclosure, including in a press release and/or the filing of a Current Report on Form 8-K with the U.S. Securities and Exchange Commission, of the contents of this Agreement, but the Issuer and the Guarantors shall not, and the Issuer and the Guarantors hereby agree that they will not, share the identity of any of the Initial Forbearing Holders or the amount of Notes held by each Initial Forbearing Holder as set forth on Exhibit B hereto with any Person and that it will keep such information confidential, except: (a) in any legal proceeding relating to this Agreement; provided that the Issuer shall use its reasonable best efforts to maintain the confidentiality of such information in the context of any such proceeding; (b) to the extent required by applicable law or regulation; and (c) in response to a subpoena, discovery request, or a request from a government agency, regulatory authority or securities exchange for such information contained therein; provided, however, that the Issuer will, to the extent permitted by applicable law or regulation, provide any such Initial Forbearing Holder with prompt written notice of any such request or requirement so that such Initial Forbearing Holder may seek, at such Initial Forbearing Holder’s expense, a protective order or other appropriate remedy and the Issuer will fully cooperate with such Initial Forbearing Holder’s efforts to obtain same. Notwithstanding anything to the contrary in this Section 6 , the Issuer and the Guarantors may: (i) disclose the aggregate principal amount of Notes held by the Initial Forbearing Holders executing this Agreement, taken as a whole; (ii) file this Agreement as an exhibit to a Current Report on Form 8-K with the U.S. Securities and Exchange Commission; and (iii) to effectuate and evidence the direction to the Trustee and the Collateral Trustee contained herein, at any time, and from time to time, during the Forbearance Period, provide the Trustee and the Collateral Trustee with an executed copy of this Agreement that includes the individual signature pages of each of the Initial Forbearing Holders.

assistant: Disclosures