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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will use the aggregate proceeds of (a) the Term C Loan funded on the Restatement Effective Date to (i) finance a portion of the purchase price for the Project Future Acquisition; (ii) refinance certain Indebtedness of the Project Future Targets and (iii) finance the payment of premiums, fees and expenses incurred in connection with this Agreement, the Project Future Acquisition, the issuance of the New Notes and the other Transactions contemplated to occur on the Restatement Effective Date; and (b) the Initial Revolving Loans and Swingline Loans for working capital and general corporate purposes of the Borrower and its Restricted Subsidiaries, including, without limitation, Investments permitted hereunder and Permitted Acquisitions.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: any agreement you make with other users relating to use or access to your content must be consistent with these terms and the applicable product policy , and no such agreement can abrogate , nullify , void or modify these terms or the applicable product policy .

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: it. However, nothing in the record indicates that the order was filed with the clerk of court. The order is devoid of any stamp-file or other marking necessary to indicate a filing date, and therefore it was not entered. See Huebner v. Triangle Research Collaborative, 193 N.C. App. 420, 422, 667 S.E.2d 309, 310 (2008) (asserting that a filing date is to be determined by the date indicated on the file-stamp); see also Watson, 211 N.C. App. at 373, 712 S.E.2d at 157 (standing for the proposition that a signed and dated order is insufficient to be considered filed). Because the order was not filed, it was not entered. Accordingly, the time period to file notice of appeal of clerk Hinshaw’s order has not yet commenced. See Darcy v. Osborne, 101 N.C. App. 546, 549, 400 S.E.2d 95, 96 (1991) (<HOLDING>). Furthermore, because clerk Hinshaw’s Options: A. holding that designation is neither a sentence nor a punishment B. holding that the court neither weighs the evidence nor substitutes its own judgment for that of the agency C. holding that trial court erroneously entered judgment pursuant to a theory which was neither pleaded nor tried by acquiescence or otherwise D. holding that where judgment was not entered the appeals period neither triggered nor expired E. holding that findings of fact and legal conclusions are neither necessary nor proper in summary judgment proceeding

assistant: The best answer is D. holding that where judgment was not entered the appeals period neither triggered nor expired
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: and because CME clarified during the hearing that it meant to move for a stay, I treat this as an original motion to stay. In essence, as I have stated previously in this Order, CME argues that I should defer to the STB as an expert agency and allow it to decide the dispute because it concerns the nature and legal extent of federal agency authorizations. CME contends that the doctrine of exclusive primary jurisdiction is applicable because this action “requires the resolution of issues which, under a regulatory scheme, have been placed within the special competence of an administrative body.” Funbus Systems, Inc. v. California Public Utilities Com., 801 F.2d 1120, 1129 (9th Cir.1986), citing United States v. Western Pac R. Co., 352 U.S. 59, 64, 77, 77 S.Ct. 161, 1 L.Ed.2d 126 (1956) (<HOLDING>). [The] doctrine [of primary jurisdiction] Options: A. holding that it is well established that whether an employees actions were within the scope of employment is a question of fact and even if some of the actions were unauthorized the question of whether the actions were within the scope of employment is for the jury B. holding that the stb has primary jurisdiction to determine whether operations conducted by an stbcertified carrier are within the scope of its certificate C. holding that primary jurisdiction did not apply where the court had to determine whether defendants all natural claims were misleading D. holding that the court has an affirmative obligation to ensure that it is acting within the scope of its jurisdictional authority E. holding that although doctrine of primary jurisdiction required trial court to abate claims over which agency had primary jurisdiction trial court did not abuse its discretion by imposing temporary injunction to maintain the status quo

assistant: The best answer is B. holding that the stb has primary jurisdiction to determine whether operations conducted by an stbcertified carrier are within the scope of its certificate
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 be binding upon, and inure to the benefit of, the Parties. Except as provided expressly herein or in a Joinder entered into in compliance with the terms hereof, no rights or obligations of any Party under this Agreement may be assigned or transferred to any other person or entity, and any purported assignment in violation hereof shall be null and void ab initio .

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 Lender agrees to hold any confidential information it may receive from the Borrower or its Subsidiaries in connection with this Agreement in confidence, except for disclosure (i) to its Affiliates, (ii) to legal counsel, accountants, and other professional advisors to the Lender, (iii) as provided in Section 12.3(e) , (iv) to regulatory officials, (v) to any Person on a “need to know” basis, required by law, regulation, or legal process, (vi) to any Person in connection with any legal proceeding to which it is a party, (vii) to its direct or indirect contractual counterparties in swap agreements or to legal counsel, accountants and other professional advisors to such counterparties, (viii) to rating agencies if requested or required by such agencies in connection with a rating relating to the Loans, (ix) in connection with the exercise of any remedies hereunder or any suit, action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (x) with the consent of the Borrower and (xi) to the extent such information (1) becomes publicly available other than as a result of a breach of this Section or (2) becomes available to the Lender on a non-confidential basis from a source other than the Borrower. Without limiting Section 10.4 , the Borrower agrees that the terms of this Section 10.10 shall set forth the entire agreement between the Borrower and the Lender with respect to any confidential information previously or hereafter received by the Lender in connection with this Agreement, and this Section 10.10 shall supersede any and all prior confidentiality agreements entered into by the Lender with respect to such confidential information.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: State of Florida, nor do Defendants have an office or agency in this state. TMC is organized under the laws of the State of Ohio, with its principal place of business in Montgomery County, Pennsylvania. In addition, TMC does not regularly conduct business in the State of Florida. In fact, Mr. Berman does not even hold a Florida Yacht Brokers License, and thus cannot directly broker the sale of used yachts in the State of Florida. Although Mr. Miller suggests that Defendants’ Internet website is a means of conducting or carrying on business in the state of Florida, Defendants never solicited business or contracted with Florida residents over the Internet to warrant personal jurisdiction. Cf. Obermaier v. Kenneth Copeland Evangelistic Assoc., Inc., 208 F.Supp.2d 1288, 1291 (M.D.Fla.2002) (<HOLDING>). Therefore, the Court concludes that there is Options: A. holding that nonresident limited partners did not have the necessary minimum contacts to sustain personal jurisdiction in florida although partnerships purpose was to develop property in florida B. holding that general jurisdiction existed where defendant directed significant advertisement towards residents of florida targeting the populous florida market solicited donations from floridians and had ongoing relationship with several florida animal aid organization including arrangements under which it regularly transferred animals to them for adoption in florida C. holding that defendants bank account and open line of credit in florida utilized to transfer money in international commerce was insufficient to confer jurisdiction under section 481932 florida statutes where defendant operated its business in honduras had no employees or agents in florida and did not advertise or solicit business in florida D. holding that texasbased organization was subject to specific personal jurisdiction in florida even though it did not maintain office or have any employees or agents in florida on a regular basis personal jurisdiction was ultimately exerted because organization solicited contributions from florida residents using local television stations and internet websites E. holding that texasbased organization was subject to general jurisdiction in florida because it solicited contributions from florida residents using internet websites

assistant: The best answer is D. holding that texasbased organization was subject to specific personal jurisdiction in florida even though it did not maintain office or have any employees or agents in florida on a regular basis personal jurisdiction was ultimately exerted because organization solicited contributions from florida residents using local television stations and internet websites
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 Credit Agreement and the other Loan Documents, integrate all the terms and conditions mentioned herein or incidental hereto and supersede all oral representations and negotiations and prior writings with respect to the subject matter hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and third, that § 1983 claims are best characterized as tort claims for personal injury and that the state statute of limitations for personal injuries should be applied to all § 1983 claims. Id. at 276-280, 105 S.Ct. 1938. The Supreme Court extended this reasoning in Goodman v. Lukens Steel Co., 482 U.S. 656, 661-662, 107 S.Ct. 2617, 96 L.Ed.2d 572 (1987), holding that state»statutes of limitations for personal injury actions should also be applied to claims under § 1981. Since the Supreme Court’s ruling in Goodman, most Courts of Appeal, with the exception of the Fourth Circuit, have applied the state statute of limitations for personal injury actions to claims under the Rehabilitation Act and the ADA. See, e.g., Everett v. Cobb Cty. Sch. Dist., 138 F.3d 1407, 1409-10 (11th Cir.1998) (<HOLDING>); Soignier v. Am. Bd. of Plastic Surgery, 92 Options: A. holding that georgias statute of limitations for personal injury actions should be applied to discrimination claims brought under the rehabilitation act and title ii of the ada B. holding that the same standards apply to claims under the ada and under the rehabilitation act C. holding that one way for the plaintiff to establish discrimination under title ii of the ada and the rehabilitation act would be to show that the defendant could have reasonably accommodated his disability but refused to do so D. holding the ada and the rehabilitation act applicable E. holding that title ii of the ada is not applicable to the federal government

assistant: The best answer is A. holding that georgias statute of limitations for personal injury actions should be applied to discrimination claims brought under the rehabilitation act and title ii of the ada
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: [v. Ohio, 392 U.S. 1 (1968)], law-enforcement officers may stop a vehicle for investigatory purposes based on a traffic violation. State v. Rodgers, 903 So.2d 176, 178 (Ala.Crim.App.2004).’ J.T.C. v. State, 990 So.2d 444, 447 (Ala.Crim.App.2008).” 66 So.3d at 294. “So long as the police officer has properly seized the occupants of the car, the officer may order the driver, Pennsylvania v. Mimms, 434 U.S. 106, 111 (1977), or a passenger, State v. Hails, 814 So.2d 980 (Ala.Crim.App.2000) (recognizing Maryland v. Wilson, 519 U.S. 408, 415 (1997)), cert. denied, 814 So.2d 988 (Ala.2001), out of the car -without violating the Fourth Amendment.” State v. Bailey, 49 So.3d 1245, 1250 (Ala.Crim.App.2010); see also Pennsylvania v. Mimms, 434 U.S. 106, 111, 98 S.Ct. 330, 54 L.Ed.2d 331 (1977) (<HOLDING>). After the driver has been ordered out of the Options: A. holding that when lawenforcement officers have legally stopped the driver of a vehicle they may consistent with the fourth amendment order a driver out of the ear for any reason or for no reason B. holding that a police officer may as a matter of course order the driver of a lawfully stopped car to exit his vehicle C. holding that officer may order driver out of vehicle once lawfully detained for traffic violation D. holding that once a vehicle has been lawfully stopped an officer may order the driver out of the vehicle without violating the fourth amendment E. holding that the fourth amendment does not require lawenforcement officers to have a reason for ordering a driver who has been lawfully stopped to get out of the vehicle

assistant: The best answer is A. holding that when lawenforcement officers have legally stopped the driver of a vehicle they may consistent with the fourth amendment order a driver out of the ear for any reason or for no 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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before December 19, 2016; provided , however , that no such termination will affect the right of any party to sue for any breach by any other party (or parties).

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 legal provision and list the applicable contract clause categories. Provision: All notices and other communications required or permitted hereunder shall be in writing and shall be effective when delivered personally, or sent by telex or telecopier (with receipt confirmed), provided that a copy is mailed by registered mail, return receipt requested, or when received by the addressee, if sent by Express Mail, Federal Express or other express delivery service (receipt requested).

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: Debtor agrees to defend, indemnify and hold harmless Secured Party against any and all liabilities, costs and expenses (including, without limitation, all reasonable legal fees and expenses): (i) with respect to, or resulting from, any delay in paying any and all excise, sales or other taxes which may be payable or are determined to be payable with respect to any of the Collateral; (ii) with respect to, or resulting from, any delay in complying with any law, rule, regulation or order of any Governmental Authority applicable to any of the Collateral or (iii) with respect to, resulting or incurred any costs, expenses or losses incurred by the Secured Party in connection with protecting or preserving the Collateral or the Secured Party’s rights in such Collateral; provided , however , that this indemnification shall not extend to any damages caused by the gross negligence or willful misconduct of Secured Party.

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: or other relief, for alleged failure to enforce the HQS. This regulation evinces an intent by HUD not to have the regulations in Part 982 confer any enforceable federal rights. Part 982, however, is inapplicable to this case; it applies to Section 8 housing, not public housing units. See 24 C.F.R. Part 982 (“Section 8 Tenant Based Assistance: Housing Choice Voucher Program”). Plaintiffs argue that under the doctrine of expresso unius est exclusio alterius, the fact that HUD has not adopted a similar regulation with respect to the public housing program suggests that HUD interprets the statutes and regulations governing public housing units as creating enforceable federal rights. See Leatherman v. Tarrant County Narcotics, 507 U.S. 163, 168, 113 S.Ct. 1160, 122 L.Ed.2d 517 (1993) (<HOLDING>). Part 982 also does not assist plaintiffs. Options: A. recognizing that the federal pleading standard is a less stringent standard than the delaware pleading standard B. holding that the fact that federal rule of civil procedure 9b requires a heightened pleading standard for some claims but not for a section 1983 claim against a municipality means that the rules do not require a heightened pleading standard for such a claim C. holding that heightened pleading standards of fed rcivp 9b apply to fraud elements of rico claim D. holding that heightened pleading standards do not apply to defamation actions E. holding that a court may not apply a heightened pleading standard more stringent than the usual pleading requirements of rule 8 in civil rights cases alleging municipal liability under 1983

assistant: The best answer is B. holding that the fact that federal rule of civil procedure 9b requires a heightened pleading standard for some claims but not for a section 1983 claim against a municipality means that the rules do not require a heightened pleading standard for such a 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: All covenants, representations and warranties made in this Agreement shall continue in full force and effect so long as any Obligations remain outstanding or Bank has any obligation to make any Credit Extension to Borrower. The obligations of Borrower to indemnify Bank with respect to the expenses, damages, losses, costs and liabilities described in Section 12.2 shall survive until all applicable statute of limitations periods with respect to actions that may be brought against Bank have run.

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: Subject to Sections 2(b) and 2(c), one share of common stock of the Company (the “Common Stock”) shall be issuable for each Unit subject to the Award (the “Shares”) upon vesting. Immediately thereafter, or as soon as administratively feasible, the Company will deliver the appropriate number of Shares to the Director after satisfaction of any required tax or other withholding obligations, or, in the case of Approved 102 Option, to the Trustee. Notwithstanding the foregoing, the relevant number of Shares shall be delivered to the Director or, in the case of Approved 102 Option, to the Trustee no later than March 15th of the year following the calendar year in which the Award vests.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: building did not “constitute the type of environmental pollution contemplated by the clause”), with Kim, 332 Ill. App. 3d at 775 (determining that the insured’s “discharge of a hazardous material into the soil [met] the definition of traditional environmental pollution” (emphasis added)). Other cases dealing with the absolute pollution exclusion would seem to support this distinction. See Economy Preferred Insurance Co. v. Grandadam, 275 Ill. App. 3d 866, 870-71, 656 N.E.2d 787 (1995) (finding, as the first Illinois court to construe an absolute pollution exclusion, that the exclusion barred coverage when the minor son of the insured spilled mercury in the home of a neighbor); Housing Authority Risk Retention Group, Inc. v. Chicago Housing Authority, 378 F.3d 596, 606 (7th Cir. 2004) (<HOLDING>); Pipefitters, 976 F.2d at 1044 (finding that Options: A. holding that waiver by attorney was binding upon the accused when before the state introduced the evidence complained of on appeal counsel for the state in the presence of the accused and his counsel stated the agreement and the evidence of the witness was then read to the jury in the presence of the accused and his counsel without objection B. holding that the absolute pollution exclusion barred coverage for injuries resulting from hazardous materials that were introduced released and allowed to remain in the environment in altgeld gardens by the surrounding industrial plants abandoned factories toxic waste dumps landfills and a metropolitan sanitary district plant citation and by pcbs and pahs that cha introduced released and allowed to remain in the environment of altgeld gardens C. holding that courts must examine the facts surrounding the publication the context in which the statements were made and the nature of the language used D. recognizing the increased breadth of the definition of property damage introduced in the more recent form of policy E. holding that to determine whether a statement was voluntary the court must consider the totality of all the surrounding circumstances both the characteristics of the accused and the details of the interrogation and decide whether a defendants will was overborne by the circumstances surrounding the giving of a confession

assistant: The best answer is B. holding that the absolute pollution exclusion barred coverage for injuries resulting from hazardous materials that were introduced released and allowed to remain in the environment in altgeld gardens by the surrounding industrial plants abandoned factories toxic waste dumps landfills and a metropolitan sanitary district plant citation and by pcbs and pahs that cha introduced released and allowed to remain in the environment of altgeld gardens
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 business of the Company and its Subsidiaries is not being conducted in violation of any Law, ordinance or regulation of any Governmental Entity, except for violations as would not, individually or in the aggregate, be reasonably expected to have a Material Adverse Effect. Neither the Company nor any Subsidiary has received notification from any Governmental Entity (a) asserting a violation of any Law, statute, ordinance or regulation or the terms of any judgments, orders, decrees, injunctions or writs applicable to the conduct of its business, (b) threatening to revoke any license, franchise, permit or government authorization, or (c) restricting or in any way limiting its operations as currently conducted or proposed to be conducted, except in each case as would not, individually or in the aggregate, be reasonably expected to have a Material Adverse Effect.

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: 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 no Loan Party may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of subsection (b) of this Section; (ii) by way of participation in accordance with the provisions of subsection (d) of this Section; or (iii) by way of pledge or assignment of a security interest subject to the restrictions of subsection (f) of this Section (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in subsection (d) of this Section and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: PROMOTER shall display the official NASCAR logo, the official NASCAR Sprint Cup Series logo and the phrase “NASCAR Sprint Cup Series Championship Event” (collectively, the “Official Logos”) in all publicity, advertising, tickets and promotion relating to each Event, in accordance with subsection 11.u) of this Agreement. The number and specific location of such displays and the color and size of the Official Logos shall be subject to NEM’s approval, and PROMOTER shall abide by and comply with all determinations and directives of NEM with respect to such matters. NEM may disapprove and prohibit PROMOTER’s actual or intended use of the NASCAR Marks in any location, media or publication if NEM determines that such use is or will be detrimental to NEM, NASCAR, to an Event, to the series of which each Event is a part, or to the sport.

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: 1.2 Notwithstanding anything herein to the contrary, Confidential Information shall not include any information that (d) is made available to the Recipient or its Representatives by any person other than a member of the CEDC Group without any known breach of any obligation of confidentiality of such other person, or

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: If a court of competent jurisdiction determines that any of the provisions or restrictions of this Agreement are invalid or unenforceable by reason of being unreasonably vague or unreasonable as to the scope of coverage, length of time or geographical area, or for any other reason, then and in each such case, the remaining restrictions herein contained shall, nevertheless, remain effective, and this Agreement, or any portion hereof, shall be considered to be amended so as to be considered reasonable and enforceable by such court, and the court shall specifically have the right to restrict the time period or the business or geographical scope of such restrictions to any portion of the time period, business or geographic areas described above to the extent the court deems such restriction to be necessary to cause the covenants to be enforceable, and in such event, the covenants shall be enforced to the extent so permitted.

assistant: Enforceability
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 has a Separation from Service, any portion of his Account (including any amounts credited after his Separation from Service) not payable to him under Section 7.03 will be forfeited by him.

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: Borrower will comply in all material respects with all federal, state and local laws, regulations and orders applicable to Borrower or its assets including but not limited to all Environmental Laws, in all respects material to Borrower's business or assets and will promptly, but in any event within seven (7) calendar days, notify Bank of any violation of any rule, regulation, statute, ordinance, order or law relating to the public health or the environment and of any complaint or notifications received by Borrower relating to any environmental or safety and health rule, regulation, statute, ordinance or law.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: without limiting the generality of the foregoing , duolingo does not make any representation or warranty of any kind relating to accuracy , service availability , completeness , informational content , error-free operation , results to be obtained from use , 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: Id. at 411. But the court squarely held that legislative enactments will not be permitted to "fetter the efficient operation of the courts or impair their ability to uphold their dignity and authority." Ibid. The issue in Continental Insurance was whether the maximum penalty specified in the contempt statute was binding on the courts if that maximum penalty was clearly inadequate to preserve the court's authority and efficacy. But courts in other states have held that this same principle-the principle that the contempt power is inherent in the judicial branch of government-forbids the legislature from restricting the judiciary's use of the contempt power, or limiting the instances in which this power may be employed. j See Walker v. Bentley, 660 So.2d 313, 317-321 (Fla.App.1995) (<HOLDING>); La-Grange v. State, 238 Ind. 689, 153 N.E.2d Options: A. holding unconstitutional a statute which prohibited courts from using criminal contempt proceedings to enforce domestic violence restraining orders and which required that all such prosecutorial decisions be made by the executive branch B. holding that a motion to enforce bankruptcy sale order is a core proceeding and citing 11 usc 105a as the section which gives the bankruptcy court the power and the jurisdiction to enforce its valid orders C. recognizing that a court granted jurisdiction by statute to review the legality of administrative orders is also empowered to examine the constitutionality of the statute by virtue of which such orders were entered D. holding that this courts review of board decisions is limited to final orders or final decisions E. holding that when the executive branch defaults a district court has the authority to appoint a prosecutor for contempt proceedings in order to preserve respect for the judicial system itself

assistant: The best answer is A. holding unconstitutional a statute which prohibited courts from using criminal contempt proceedings to enforce domestic violence restraining orders and which required that all such prosecutorial decisions be made by the executive branch
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: 314, 317-18 (5th Cir.2002). We review for plain error Fobbs’s assertions that the district court considered improper factors in choosing his sentence. See United States v. Mondragon-Santiago, 564 F.3d 357, 361 (5th Cir.2009). Fobbs’s unscored convictions and prior lenient sentences were proper grounds for his sentence above the Guidelines. See United States v. Zuniga-Peralta, 442 F.3d 345, 347-48 (5th Cir.2006); United States v. Lee, 358 F.3d 315, 328-29 (5th Cir.2004); § 3553(a)(1) & (2). Similarly, Fobbs does not show that the court’s mention of his total number of adult convictions in the Statement of Reasons for the sentence was an impermissible double-counting of the convictions used to establish career offender status. See United States v. Calbat, 266 F.3d 358, 364 (5th Cir.2001) (<HOLDING>). The district court did not commit any error Options: A. holding that testimony regarding witness credibility is prohibited unless it is admissible as character evidence B. holding that doublecounting is prohibited only if expressly forbidden C. holding that in context of patent claim at issue if means only if D. holding that reliquidation is not prohibited where a decision of customs is not being challenged E. holding that when a district court expressly grants leave to amend it is plain that the order is not final

assistant: The best answer is B. holding that doublecounting is prohibited only if expressly forbidden
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: sometimes conflicting, attention from the Alaska Supreme Court. However, the issue has recently received considerable attention because the Alaska Supreme Court has reached four decisions regarding this issue since this Court’s original order granting summary judgment. In fact, with these eases, the Aaska Supreme Court has resolved most of these recurring conflicts and points to a proper resolution of this case. Stormont, 889 P.2d 1059 (discussing the significance of an “as is” clause in a real estate sales contract); Pedersen v. Flannery, 863 P.2d 856 (Aaska 1993) (refining the distinction between tort and contract for purposes of the statute of limitations in professional malpractice cases); State Dep’t of Nat. Resources v. Transamerica Premier Ins. Co., 856 P.2d 766 (Aaska 1993) (<HOLDING>) and Pratt & Whitney Canada, Inc. v. Sheehan, Options: A. holding that erisa preempts claims for breach of contract breach of duty of good faith and fair dealing and negligent misrepresentations B. holding that trial court erred by dismissing breach of contract claim because appellee made promises to perform specific acts in contract the breach of which would give rise to a breach of contract action C. holding that the failure to act in good faith does not amount to an independent tort the breach of the implied duty under the ucc gives rise only to a cause of action for breach of contract D. holding that negligent breach of a duty assumed in a contract does not give rise to a separate tort claim E. holding that there must be a tort distinguishable from or independent of the breach of contract in order for a party to bring a valid claim in tort based on a breach in a contractual relationship

assistant: The best answer is D. holding that negligent breach of a duty assumed in a contract does not give rise to a separate tort 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: Agreement ; Severability . This Agreement shall become effective when executed and delivered by the parties hereto. This is a continuing agreement of lien subordination on the ABL Priority Collateral and the ABL Claimholders may continue, at any time and without notice to the Term Loan Collateral Agent or any other Term Loan Claimholder subject to the Term Loan Documents, to extend credit and other financial accommodations and lend monies to or for the benefit of the ABL Borrower or any ABL Grantor constituting ABL Obligations in reliance hereof. The Term Loan Collateral Agent, on behalf of itself and each other Term Loan Claimholder, hereby waives any right it may have under applicable law to revoke this Agreement or any of the provisions of this Agreement. The terms of this Agreement shall survive, and shall continue in full force and effect, in any Insolvency or Liquidation Proceeding of any ABL Grantor. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. The parties hereto shall endeavor in good faith negotiations to replace any invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to those of the invalid, illegal or unenforceable provisions. All references to any ABL Grantor shall include such ABL Grantor as debtor and debtor-in-possession and any receiver, trustee or similar person for any other ABL Grantor (as the case may be) in any Insolvency or Liquidation Proceeding of any ABL Grantor. This Agreement shall terminate and be of no further force and effect on the earlier to occur of (x) the date on which there has been a Discharge of ABL Obligations and (y) the date on which there has been a Discharge of Term Loan Obligations, in each case, subject to Sections 5.6 and 6.5; provided , however , that no termination shall relieve any party of its obligations incurred hereunder prior to the date of termination.

assistant: Effectiveness
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 authorizations, approvals, or permits, if any, of any governmental authority or body of the United States or of any state that are required in connection with the lawful sale of the Shares pursuant to this Agreement shall be duly obtained and effective as of the Closing.

assistant: Qualifications
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 covenants, agreements, representations and warranties made by the Loan Parties in the Loan Documents and in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of the Loan Documents and the making of any Loans and issuance of any Letters of Credit, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent, any Issuing Bank or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid or any Letter of Credit is outstanding and so long as the Commitments have not expired or terminated. The provisions of Sections 2.13, 2.14, 2.15 and 9.03 and Article VIII shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Letters of Credit and the Commitments or the termination of this Agreement or any other Loan Document or any provision hereof or thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: assume a sufficient opportunity was not provided, any error was harmless, see United States v. Frazin, 780 F.2d 1461, 1469-70 (9th Cir. 1986), because the district court answered the question properly by redirecting the jury to the evidence and the jury instructions. See Walker, 575 F.2d at 214. 4. Considering the totality of the circumstances, the district court did not coerce the jury into continuing deliberations after it was allegedly deadlocked. See Jimines v. Myers, 40 F.3d 976, 980 (9th Cir. 1993). When the jury indicated that it currently did not have unanimous agreement on the verdict, the district court properly asked if it could provide any additional assistive instructions on the law. See Bollenbach v. United States, 326 U.S. 607, 612-13, 66 S.Ct. 402, 90 L.Ed. 350 (1946) (<HOLDING>). The district court also properly sent the Options: A. holding that it is not the duty of a court to decide purely academic or abstract questions B. recognizing a judges duty to address the jurys questions C. recognizing implied duty to market D. holding failure to timely object to magistrate judges recommendation waives appellate review of factual and legal questions E. holding that subject matter questions may be but are not necessarily decided before questions of personal jurisdiction

assistant: The best answer is B. recognizing a judges duty to address the jurys questions
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 Holder, severally and not jointly with the other Holders, covenants that neither it nor any Affiliate acting on its behalf or pursuant to any understanding with it will execute any purchases or sales, including Short Sales of any of the Company’s securities during the period commencing with the execution of this Agreement and ending at such time that the transactions contemplated by this Agreement are first publicly announced pursuant to the initial press release as described in Section 4.4. Each Holder, severally and not jointly with the other Holders, covenants that until such time as the transactions contemplated by this Agreement are publicly disclosed by the Company pursuant to the initial press release as described in Section 4.4, such Holder will maintain the confidentiality of the existence and terms of this transaction and the information included in the Disclosure Schedules. N otwithstanding the foregoing and notwithstanding anything contained in this Agreement to the contrary, the Company expressly acknowledges and agrees that (i) no Holder makes any representation, warranty or covenant hereby that it will not engage in effecting transactions in any securities of the Company after the time that the transactions contemplated by this Agreement are first publicly announced pursuant to the initial press release as described in Section 4.4, (ii) no Holder shall be restricted or prohibited from effecting any transactions in any securities of the Company in accordance with applicable securities laws from and after the time that the transactions contemplated by this Agreement are first publicly announced pursuant to the initial press release as described in Section 4.4 and (iii) no Holder shall have any duty of confidentiality or duty not to trade in the securities of the Company to the Company or its Subsidiaries after the issuance of the initial press release as described in Section 4.4. Notwithstanding the foregoing, in the case of a Holder that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Holder’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Holder’s assets, the covenant set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to exchange the Securities covered by this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices to the ABL Claimholders, on the one hand, or the Priority Lien Representatives and/or the Priority Lien Claimholders, on the other hand, permitted or required under this Agreement shall also be sent to the ABL Agent and the Collateral Trustee, respectively. Unless otherwise specifically provided herein, any notice hereunder shall be in writing and may be personally served or sent by telefacsimile or United States mail or courier service and shall be deemed to have been given when delivered in person or by courier service and signed for against receipt thereof, upon receipt of telefacsimile, or three Business Days after depositing it in the United States mail with postage prepaid and properly addressed. For the purposes hereof, the addresses of the parties hereto shall be as set forth below each party’s name on the signature pages hereto, or, as to each party, at such other address as may be designated by such party in a written notice to all of the other parties.

assistant: Notices