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

user: Read the legal provision and list the applicable contract clause categories. Provision: Comply (a) with all Applicable Laws, including ERISA, Environmental Laws, FLSA, OSHA, Anti-Terrorism Laws, and laws regarding collection and payment of Taxes, and maintain all Governmental Approvals necessary to the ownership of its Properties or conduct of its business, unless failure to so comply or maintain such Governmental Approvals could not reasonably be expected to have a Material Adverse Effect, (b) with all Organic Documents unless failure to comply therewith could not (x) be reasonably expected to have a Material Adverse Effect and (y) be reasonably expected to have a materially adverse effect on the Agent or any Lender and (c) with all of its Material Contracts except in each case where the failure to comply therewith could not reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, if any material Environmental Release occurs at or on any Properties of any Obligor or Subsidiary, it shall act promptly and diligently to investigate and report to Agent and all appropriate Governmental Authorities the extent of, and to make appropriate remedial action to eliminate, such Environmental Release, whether or not directed to do so by any Governmental Authority.

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 legal provision and list the applicable contract clause categories. Provision: During the Employment Period, you shall receive for your services an annual base salary (the “Base Salary”) in an amount to be determined by the Bank in accordance with the salary administration program of the Bank as it may from time to time be in effect. The Base Salary will be reviewed annually and may be adjusted upward or downward in the sole discretion of the Human Resources and Compensation Committee (the “Compensation Committee”) or the Board of Directors of the Bank. The initial Base Salary will be $225,000. In no event will the Base Salary be less than $225,000 during the Employment Period.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: litigated similar claims and lost. The Sixth Circuit Court of Appeals affirmed. See Johnson v. Bredesen, 356 Fed.Appx. 781, 785 (6th Cir.2009). IV. Stare decisis is, of course, among the most important principles of law. It has been described as “a fundamental jurisprudential policy that prior applicable precedent usually must be followed even though the case, if considered anew, might be decided differently by the current justices. This policy ... is based upon the assumption that certainty, predictability and stability in the law are the major objectives of the legal system.” Moradi-Shalal v. Fireman’s Fund Ins. Cos., 46 Cal.3d 287, 296, 250 Cal.Rptr. 116, 758 P.2d 58 (1988) (internal quotations marks omitted); see also In re Estate of McFarland, 167 S.W.3d 299, 306 (Tenn.2005) (<HOLDING>). Observing that the Latin phrase translated Options: A. recognizing a corporations legal rights to confidentiality and privilege B. holding that individuals have no expectation of privacy in their license registration or insurance documents and citing outofstate cases that have held that individuals do not have a privacy interest in their registration records C. recognizing legal services organizations first amendment right of associating to advocate legal rights D. recognizing that stability in the law permits individuals to safely judge their legal rights E. holding that private individuals who conspired with judge could be sued even though judge could not

assistant: The best answer is D. recognizing that stability in the law permits individuals to safely judge their legal 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: The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party's duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first.

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 legal provision and list the applicable contract clause categories. Provision: Each party’s obligations under this Section 3.01 shall survive the resignation or replacement of the Administrative Agent or any assignment of rights by, or the replacement of, a Lender, the termination of any Commitment and the repayment, satisfaction or discharge of all obligations under any Loan Document.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement together with the exhibits hereto, schedules hereto and the Confidentiality Agreement constitute the entire agreement, and supersede all other prior agreements and understandings, both written and oral, between the Parties, or any of them, with respect to the subject matter hereof and thereof, and this Agreement is not intended to grant standing to any Person other than the Parties.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: viber or its licensors own the title , copyright , and other intellectual property rights in the material and service , and by using our services , you do not acquire any ownership rights in service or materials contained therein .

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: Robert Smith’s lay witness testimony was similar to Smith’s testimony, and the ALJ did not separately address his testimony. Because the ALJ properly discounted the claimant’s similar testimony, the ALJ gave germane reasons for rejecting Robert Smith’s testimony. See Valentine v. Comm’r Soc. Sec. Admin., 574 F.3d 685, 694 (9th Cir.2009). The ALJ did not err in giving significant weight to the opinion of examining physician Dr. Webster, and discounting the opinions of treating physician Dr. Nelson and examining physician Dr. El-Attar. First, the ALJ’s finding that Dr. El-At-tar’s disability conclusion was inconsistent with her own examination findings is a clear and convincing reason for not relying on the doctor’s opinion. See Bayliss v. Barnhart, 427 F.3d 1211, 1216 (9th Cir.2005) (<HOLDING>). Second, the ALJ provided clear and convincing Options: A. holding that doctors do not have to accept patients B. holding that a patients settlement of a prior action brought against him by doctors for payment of a bill did not bar medical malpractice action against doctors C. holding doctors letter is inadmissible hearsay D. holding that contradictions between a doctors opinion and that doctors own observations is a clear and convincing reason E. holding that disagreement with a doctors judgment does not support a claim of deliberate indifference

assistant: The best answer is D. holding that contradictions between a doctors opinion and that doctors own observations is a clear and convincing reason
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for validly placing a lien on Perez’s property. The district court’s order granting summary judgment to the government is, in all respects, AFFIRMED. 1 .Perez does not challenge on appeal the district court's grant of summary judgment to the government on the issues of (1) the IRS’s actions being time-barred by the statute of limitations and (2) the validity of the IRS’s levy on his wages. Therefore, Perez has waived these two issues. Ruiz v. United States, 160 F.3d 273, 275 (5th Cir.1998) (noting that "issues not briefed on appeal are waived"). 2 . Morris v. Covan Wor (5th Cir.1993) (recognizing the established rule that this court "must construe [a pro se plaintiff’s] allegations and briefs more permissively”). 14 . McCarty v. United States, 929 F.2d 1085, 1089 (5th Cir.1991) (<HOLDING>). 15 . See, e.g., In re Orr, 180 F.3d 656, 658 Options: A. holding that form 4340 showing notice of assessment and demand for payment is admissible under the federal rules of evidence B. holding that form 4340 is probative evidence in and of itself and shows in the absence of contrary evidence that notices and assessments were properly made C. holding that form 4340 shows in the absence of contrary evidence that notices and assessments were properly made D. holding that the burden is upon the state under the applicable federal rules of evidence E. holding notice of balance due satisfies notice and demand requirements

assistant: The best answer is A. holding that form 4340 showing notice of assessment and demand for payment is admissible under the federal rules of evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Tennessee, 322 U. S. 143, 153, n. 8 (1944) (“‘Holding incommunicado is objectionable because arbitrary— at the mere will and unregulated pleasure of a police officer’ ”); Ward v. Texas, 316 U. S. 547, 555 (1942) (“This Court has set aside convictions based upon confessions extorted from ignorant persons . . . who have been unlawfully held incommunicado without advice of friends or counsel”); Lisenba v. California, 314 U. S. 219, 240 (1941) (“[Wjhere a prisoner, held incommunicado, is subjected to questioning by officers for long periods, and deprived of the advice of counsel, we shall scrutinize the record with care to determine whether, by the use of his confession, he is deprived of liberty or life through tyrannical or oppressive means”); Wan v. United States, 266 U. S. 1, 11 (1924) (<HOLDING>). To be sure, in many of these cases, the Options: A. holding that question of whether a confession was coerced was not to be resolved by considering the truth or falsity of the confession B. holding of suspect incommunicado contributes to suppression of confession C. holding that trial judges determination of the admissibility of a confession is based on whether the confession was voluntarily given D. recognizing that violation of the fourth amendments rule against warrantless arrests in a dwelling generally does not lead to suppression of a postarrest confession E. holding that prosecutors who soon after arrest of suspect allegedly directed police to coerce confession from suspect were not entitled to absolute immunity because interrogation is ordinarily a police activity

assistant: The best answer is B. holding of suspect incommunicado contributes to suppression of confession
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 may withhold from any amounts payable under this Letter all federal, state, city or other taxes as the Company is required to withhold pursuant to any applicable law, regulation or ruling. Notwithstanding any other provision of this Letter, the Company will not be obligated to guarantee any particular tax result for you with respect to any payment provided to you hereunder, and you will be responsible for any taxes imposed on you with respect to any such payment.

assistant: Taxes
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: erred in receiving exhibits showing OSHA trench safety standards and in instructing on them over his objections on relevancy, hearsay, and foundation grounds. Because the relevancy objection depends on his theories of nondelegability and absence of evidence of delegation, it fails for the same reasons those theories fail. Exhibits 5 and 6 were copies of the standards taken from the Federal Register. As such, they were subject to judicial notice. 44 U.S.C. § 1507 (1970); See Fed. R. Evid. 201; C. McCormick, Handbook of the Law of Evidence § 335, at 777 (E. Cleary 1972) (“When such documents are published in the Federal Register it is provided that their contents shall be judicially noticed.”). No hearsay problem is presented. Cf. Jorgensen v. Horton, 206 N.W.2d 100, 103 (Iowa 1973) (<HOLDING>). Finally, we find no merit in the foundation Options: A. holding that an objection on hearsay grounds did not preserve for appeal an exception to the hearsay rule that was not specifically raised B. holding that evidence of customer inquiries is admissible under the state of mind exception to the hearsay rule C. holding that private safety codes are admissible as an exception to the hearsay rule on the basis of trustworthiness and necessity D. holding that the admission of evidence under an exception to the hearsay rule is reviewed for abuse of discretion E. holding that otherwise hearsay evidence disclosing the basis of an expert witness opinion should be admissible if the impeaching evidence has sufficient guarantee of reliability that the prophylactic effect of the hearsay rule is not necessary to ensure trustworthiness

assistant: The best answer is C. holding that private safety codes are admissible as an exception to the hearsay rule on the basis of trustworthiness and necessity
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: affairs.” Klein, 438 F.Supp. at 487. We find the Klein court’s reasoning to be flawed. In Hayes, the Second Circuit categorized convictions for impeachment purposes into three categories; convictions which on their face involve dishonesty, convictions which on their face do not involve dishonesty, and convictions in “the uncei'tain middle category.” Hayes, 553 F.2d at 827. For convictions in this middle category, “a prosecutor ... must demonstrate to the court ‘that a prior conviction rested on facts warranting the dishonesty or false statement description.’ ” Id. (citation omitted). Thus, the Second Circuit explicitly encouraged prosecutors to look beyond the face of a conviction, a practice that the Florida Supreme Court has rejected. State v. Page, 449 So.2d 813, 816 (Fla.1984)(<HOLDING>). However, the Second Circuit found that it was Options: A. holding that petit theft is per se a crime involving dishonesty or false statement under section 906101 and disapproving of the practice of conducting a trial within a trial to determine whether an affirmative misstatement or misrepresentation of fact was involved in the commission of the crime the conviction of which is sought to be introduced for impeachment purposes B. holding that a crime involving the willful commission of a base or depraved act is a crime involving moral turpitude whether or not the statute requires proof of evil intent C. holding that theft from the person is not a crime of violence D. holding that an infamous crime under the arkansas constitution is a crime involving elements of deceit and dishonesty E. holding that when considered in light of circumstances employers statement that employee was short was clearly defamatory and actionable per se because it alleged the commission of a crime namely theft

assistant: The best answer is A. holding that petit theft is per se a crime involving dishonesty or false statement under section 906101 and disapproving of the practice of conducting a trial within a trial to determine whether an affirmative misstatement or misrepresentation of fact was involved in the commission of the crime the conviction of which is sought to be introduced for impeachment purposes
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: I agree to cooperate in the truthful and honest prosecution and/or defense of any third party claim in which the Company may have an interest subject to reasonable limitations concerning time and place, which may include without limitation making myself available to participate in any proceeding involving the Company, allowing myself to be interviewed by representatives of the Company, appearing for the depositions and testimony without requiring a subpoena, and producing and/or providing any documents or names of other persons with relevant information; provided that, if such services are required after the termination of my employment or relationship with the Company, it shall provide me reasonable compensation for the time actually expended in such endeavors and shall pay my reasonable expenses incurred at the prior and specific request of the Company.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the terms of this agreement ( `` terms of service '' ) govern the relationship between you and supercell oy. , a finnish company ( business id 2336509-6 ) having its registered office at itämerenkatu 11 , 00180 helsinki , finland , ( hereinafter `` supercell '' or `` us '' or `` we '' ) regarding your use of supercell 's games , websites and related services ( the `` service '' ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. This Agreement may also be executed and delivered by facsimile or electronic signature.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if the class action waiver at section 24.2 is found to be unenforceable in arbitration or if any part of this section 24.3 is found to be invalid or unenforceable , then the entirety of this section 24.3 shall be null and void and , in such case , the parties agree that the exclusive jurisdiction and venue described in section 24.1 shall govern any action arising out of or related to the agreements .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrowers have heretofore furnished to the Bank the corporate tax returns for years 2015 through 2017, and management-prepared financial statements for the ten month period ending October 31, 2018. The financial statements of Borrowers fairly present in all material respects the financial position of each Borrower and its consolidated subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments. There are no obligations or liabilities, contingent or otherwise, of either Borrower which are not reflected on such financial statements that are material in nature other than obligations incurred in the ordinary course of business since the date of such financial statements.

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: DCA 2002) (<HOLDING>). “When a trial court imposes a sentence Options: A. holding that court lacked jurisdiction to modify visitation where it dismissed the modification petition B. holding that the sentencing disposition which commits the juvenile to a residential program for sixty days followed by sixty days of community control exceeds the maximum sentence permitted by statute for a seconddegree misdemeanor C. holding that imposition of lengthy sentences did not show prejudice where sentences were warranted by facts shown in the evidence D. holding that the court lacked jurisdiction to modify hfo sentences where sentences were not illegal and sixty days had transpired since imposition of the sentence E. holding that sentences of five years in prison followed by ten years probation were illegal sentences that exceeded the statutory maximum of five years for a thirddegree felony

assistant: The best answer is D. holding that the court lacked jurisdiction to modify hfo sentences where sentences were not illegal and sixty days had transpired since imposition of the sentence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if a fault occurs in the products , please report it to us at help@headspace.com and we will review your complaint and , where we determine it is appropriate to do so , correct the fault .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) To guarantee the payment when due of the Obligations, the Borrower shall cause to be executed and delivered to the Lenders and the Administrative Agent, Loan Party Guaranties of all present and future Guarantors.

assistant: Further Assurances
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: Amendments, variations, modifications or changes herein may be made effective and binding upon the parties by, and only by, the setting forth of same in a document duly executed by the General Partner and the Advisor Sub (provided, that any amendments, variations, modifications or changes to Section 1 or to the third sentence of Section 3 shall only be effective and binding upon the parties if also duly executed by the Advisor), and any alleged amendment, variation, modification or change herein which is not so documented shall not be effective as to any party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall begin on the Effective Date and shall continue in effect until the date which is twelve (12) months after the date on which either Employer or Executive has given written notice to the other party of its or his/her election to have this Agreement terminate ("Term").

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, instructions (pursuant to a Joint Written Direction or otherwise), approvals, consents, requests, and other communications hereunder shall be in writing and shall be deemed to have been given (a) when such writing is delivered by hand or overnight delivery service, or (b) upon telephone call-back in accordance with Section 16 below, after being sent by e-mail with PDF attachment from the designated e-mail account(s) of the sending person(s) as designated on Schedule A hereto to the designated e-mail account(s) of the receiving person(s) as designated on Schedule A hereto or (c) three (3) Business Days after being mailed by first class mail (postage prepaid), in each case to the address set forth on Schedule A hereto or to such other address as each party hereto may designate for itself by like notice.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has filed all reports, schedules, forms, statements and other documents required or permitted, including current reports on Form 8-K, to be filed by the Company under the Securities Act and the Exchange Act, including pursuant to Section 13(a) or 15(d) thereof, for the two years preceding the date hereof (or such shorter period as the Company was required by law or regulation to file such material) (the foregoing materials, including the exhibits thereto and documents incorporated by reference therein, , being collectively referred to herein as the “ SEC Reports ”) on a timely basis or has received a valid extension of such time of filing and has filed any such SEC Reports prior to the expiration of any such extension. As of their respective dates, the SEC Reports complied in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable, and none of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The Company has never been an issuer subject to Rule 144(i) under the Securities Act. The financial statements of the Company included in the SEC Reports comply in all material respects with applicable accounting requirements and the rules and regulations of the Commission with respect thereto as in effect at the time of filing. Such financial statements have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“ GAAP ”), except as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its consolidated Subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments.

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: was filed, to deliver its opposition to the motion. In opposing the motion, the Broker departed from its allegations in the complaint and took the position that it was not, in fact, the only broker that represented the parties with respect to the lease extension. The Broker filed an affidavit by its vice-president, in which the vice-president essentially testified that the Broker actually co-brokered the extension of the lease with First Market Properties, LLC, a Florida licensed broker. The Broker then argued that its claim could proceed under a common law exception to section 475.41 which allows out-of-state brokers to sue for their share of the commission when they co-broker property with a licensed Florida broker. See, e.g., Kagan v. Garfinkle, 312 So.2d 778, 779 (Fla. 3d DCA 1975) (<HOLDING>). The rationale for this exception is that, Options: A. holding that where a florida broker hired a foreign broker to find foreign purchasers for florida real estate such a contract is legal and gives rise to rights in the foreign broker for the recovery of his share of the commission from the florida broker who employed him B. holding new york could lawfully modify a florida custody decree because florida court had right under florida law to change the decree C. recognizing that as to notice publication in the laws of florida or the florida statutes gives all citizens constructive notice of the consequences of their actions D. holding that florida courts would apply florida law to contracts insuring real property located within the state E. recognizing that publication in the laws of florida or the florida statutes gives all citizens constructive notice of the consequences of their actions

assistant: The best answer is A. holding that where a florida broker hired a foreign broker to find foreign purchasers for florida real estate such a contract is legal and gives rise to rights in the foreign broker for the recovery of his share of the commission from the florida broker who employed him
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: is obligated to make concerning the Infuse device, and therefore preempts Schouest’s breach of implied warranty claim. However, the express warranty claim could survive. “Federal law permits, but does not require, manufacturers like [Medtronic] to make warranties, as long as those warranties are truthful and accurate.” Riley, 625 F.Supp.2d at 788. Schouest’s express warranty claim can survive to the extent she seeks to recover based on false warranties that Medtronic voluntarily and falsely made beyond the federally approved warning because “[f]ed-eral law already requires [Medtronic] to ensure that any warranty statements it voluntarily makes are truthful, accurate, not misleading, and consistent with applicable federal and state law.” Id.; see also Houston, 957 F.Supp.2d at 1180-81 (<HOLDING>). While conceptually an express warranty claim Options: A. recognizing that where a plaintiff failed to perform because of the defendants breach the plaintiff could recover damages caused by the defendants breach B. holding inter alia defendant breached implied warranty of merchantability where an express warranty regarding safety of goods was printed on package and where goods failed to conform to the express warranty C. holding that breach of express warranty claim could survive preemption because by seeking to impose liability on defendants for voluntarily making misleading warranties outside the label plaintiff is not imposing any requirement different from or additional to what federal law already requires D. holding that a plaintiff is required to identify specific acts of individual defendants for his claim to survive E. holding plaintiff was barred from seeking remedy because express warranty expired in accordance with time limits elucidated in the limited repair and replace warranty

assistant: The best answer is C. holding that breach of express warranty claim could survive preemption because by seeking to impose liability on defendants for voluntarily making misleading warranties outside the label plaintiff is not imposing any requirement different from or additional to what federal law already requires
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns permitted hereby, except that the Borrower may not assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Lender.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: rights of action that have not been clearly legislated because of its regard for the state legislature as a “repository of sovereign powers, whose dispensation must in any context be strictly construed.” A & E Supply Co. v. Nationwide Mut. Fire Ins. Co., 798 F.2d 669, 674 (4th Cir. 1986) (citing Commonwealth v. County Bd. of Arlington County, 217 Va. 558, 577, 232 S.E.2d 30, 37 (1977) (“the rule is clear that, where a power is conferred and the mode of its execution is specified, no other method may be selected; any other means would be contrary to legislative intent and, therefore, unreasonable”)). These principles have been used to foreclose litigants from pursuing private rights of action in a number of contexts including (i) teacher contract renewals, Giannoutsos, 238 Va. at 147 (<HOLDING>); (ii) materialmen and workmen seeking damages Options: A. holding the only remedy available to the teacher fired without notice was entitlement to a contract for the ensuing year as provided in the code B. holding that one year warranty was not an exclusive remedy for defective construction where the contract did not so state C. holding that for a suit to be brought in the venue in which the contract was to be performed the contract must expressly state where the performance of the contract was to occur D. holding that a notice of deficiency was invalid where it was the second notice mailed for that year and the taxpayer timely petitioned the court as to the first notice E. holding that a thwarted remedy is not available

assistant: The best answer is A. holding the only remedy available to the teacher fired without notice was entitlement to a contract for the ensuing year as provided in the code
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: There is no litigation, investigation or proceeding pending or, to any Obligor’s Knowledge, threatened in writing with respect to Borrower and its Subsidiaries by or before any Governmental Authority or arbitrator (i) that either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect, except as specified in Schedule 7.06 of the Disclosure Letter (as amended from time to time by Borrower in accordance with Section 7.20 ) or (ii) that involves this Agreement or the Transactions.

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: Interest shall be payable by Maker from the date of disbursement of funds by Payee, with the Interest for the period through , 20 , due and payable upon execution and delivery of this Note. Beginning on , 20 , and on the first day of each consecutive month thereafter until the Maturity Date (as defined below), Maker shall make monthly payments of $ consisting of principal and Interest. All payments received shall be credited first to costs, then to Interest, and last to principal due hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Term, the Company shall pay Executive a base salary (the “Salary”) at the gross rate of $70,000 per month, payable in accordance with the Company’s payroll practices as in effect for senior executives and prorated for any partial month in the Employment Term.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The issuance of certificates for shares of the Common Stock on conversion of this Note shall be made without charge to the Holder hereof for any documentary stamp or similar taxes that may be payable in respect of the issue or delivery of such certificates, provided that, the Companies shall not be required to pay any tax that may be payable in respect of any transfer involved in the issuance and delivery of any such certificate upon conversion in a name other than that of the Holder of this Note so converted and the Companies shall not be required to issue or deliver such certificates unless or until the Person or Persons requesting the issuance thereof shall have paid to the Companies the amount of such tax or shall have established to the satisfaction of the Companies that such tax has been paid. The Companies shall pay all Transfer Agent fees required for same-day processing of any Notice of Conversion.

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

user: 7. In the event that the Receiving Party or any of its Representatives are requested pursuant to, or required by, applicable law or regulation or by legal process to disclose any Confidential Information or any other information concerning the Disclosing Party or the Evaluation, unless prohibited by law, the Receiving Party shall provide the Disclosing Party with prompt notice of such request or requirement in order to enable the Disclosing Party

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 legal provision and list the applicable contract clause categories. Provision: Each Party shall promptly notify the other Party in writing of any alleged or threatened infringement, violation, or misappropriation by any Third Party of the Licensed Rights or the Sublicensed Rights of which it becomes aware, and following such notification, the Parties shall confer as to any response thereto. The notice shall set forth the facts of such infringement, violation, or misappropriation in reasonable detail.

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: Executive shall be indemnified and held harmless (including advances of attorneys fees and costs, subject to a customary undertaking to refund such amounts if finally determined not to be so indemnifiable), and covered under any contract of directors and officers liability insurance in respect of his actions and omissions to act as an officer of the Company to the maximum extent permitted under the Company’s certificate of incorporation and by-laws and applicable law. This Section 11(o) shall survive the termination of Executive’s employment and the expiration of the Employment Term.

assistant: Indemnifications
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 time the Agreement was recorded Hoffenberg owned both parcels of land. Because the Agreement purported to convey an easement from Hoffenberg, as both grantor and grantee, the trial court held that Hoffenberg’s attempt to create an easement over his own property was void ab initio. The trial court further held that One Harbor neither proved the establishment of an easement by prescription nor an implied easement because the equitable arguments raised were not supported by the facts, the record or the law. We agree with the trial court’s findings. APPLICATION OF SECTION 687.07, FLORIDA STATUTES In reaching its decision, the trial court applied section 689.07, Florida Statutes (1959). Section 689.07 provides: (1) Every deed or conveyance of real estate heretofore (Tex.Com.App.1928) (<HOLDING>); Bales v. Butts, 309 Mo. 142, 274 S.W. 679 Options: A. recognizing that an easement may entitle the easement owner to do acts which were not for the easement would constitute a nuisance B. recognizing that one cannot have an easement in his own land C. holding that one who possesses deeded easement need not use the easement to maintain his title and easement cannot be extinguished from nonuser alone D. holding one cannot grant an easement to oneself one can only reserve such interest in land granted to another E. holding that an easement agreement and an unrecorded easement plan created an easement

assistant: The best answer is B. recognizing that one cannot have an easement in his own land
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any Indemnified Party receives notice of the assertion or commencement of any claim or proceeding made or brought by any Person who is not a Party to this Agreement or an Affiliate of a Party to this Agreement or a representative of the foregoing (a “Third Party Claim” ) , the Indemnified Party shall notify the Indemnifying Party as soon as practicable after receiving such Third Party Claim and shall furnish to the Indemnifying Party the complete details within its knowledge. Any delay or failure by the Indemnified Party to give notice to the Indemnifying Party shall not relieve the Indemnifying Party of its obligations except to the extent, if any, that the Indemnifying Party shall have been materially prejudiced by reason of such delay or failure.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you acknowledge and agree that , to the maximum extent permitted by law , the entire risk arising out of your access to and use of the site , services and collective content remains with you .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In consideration for all services rendered by Executive during the term of this Agreement, Employer shall pay Executive an annual base salary (before all customary and proper payroll deductions) of $253,148 as adjusted from time to time (“Base Salary”). The Board of Directors of the Employer shall review Executive’s salary each year, in a manner consistent with that used for all management employees of the Employer, and in its sole discretion may adjust such salary commensurate with the Executive’s performance under this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (1987) (noting that the plaintiffs decision to sue only under the state law theory, eschewing a claim under the CBA, was entitled to deference under the well-pleaded complaint rule). Regardless of whether this choice serves them well on the merits, it is entitled to deference under the well-pleaded complaint rule. Id. (“Caterpillar’s basic error is its failure to recognize that a plaintiff covered by a collective-bargaining agreement is permitted to assert legal rights independent of that agreement, including state-law contact rights, so long as the contract relied upon is not a collective bargaining agreement”). If Plaintiffs do not wish to press their additional CBA rights in this case, federal law does not force them to do so. Rice v. Panchal, 65 F.3d 637, 639, 646 (7th Cir.1995) (<HOLDING>); Chavez v. Don Stoltzner Mason Contractor, Options: A. holding that erisa does not preempt professional malpractice claims B. holding that plan administrator of an erisa health plan did not have to anticipate the confusion of a plan participant C. holding that district courts order remanding an erisa benefits determination to a plan administrator was nonfinal and therefore not appealable after the remand to plan administrator plan participant still could appeal the district courts decision that erisa preempted her state law claim and if successful she would be able to pursue punitive damage D. holding that erisa does not preempt the plaintiffs claim that the erisa plan administrator is liable for medical malpractice where the plaintiff premised the claim solely on state law and did not invoke the erisa plan E. holding that erisa did not preempt hospitals claims against erisa plan administrator for misrepresentation under texas insurance code because hospitals claims were not dependent on or derived from the beneficiarys right to recover benefits under the plan

assistant: The best answer is D. holding that erisa does not preempt the plaintiffs claim that the erisa plan administrator is liable for medical malpractice where the plaintiff premised the claim solely on state law and did not invoke the erisa plan