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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 992 (Fla.2007)). Here, the plain language of section 316.1935(3) contains additional elements that subsection (1) does not. These include an appropriately marked law enforcement patrol vehicle, lights and siren activated, and high speed or wanton disregard for the safety of persons or property. The original information did not include any language related to these elements, but the amended information did. The State did not merely change a statute number. It changed much of the wording in the charge in order to assert all the additional elements required to prove a substantially different and new offense. Second, lack of prejudice does not have any bearing on whether an information can be amended to include a new charge after speedy trial has expired. See, e.g., D.A., 939 So.2d at 151 (<HOLDING>). Even if a lack of prejudice was important, we Options: A. holding that affirmance of a dismissal of new charges was required when speedy trial had lapsed despite the fact that the corree tion of the charges in the amended information would not have prejudiced das ability to address the merits of the states case in any way B. holding that 1983 claims accrued when all charges were dismissed rather than a previous date on which the conviction was vacated on the theory that the charges remained pending until the dismissal C. holding that the speedy trial clock for state charges did not begin to run when the defendant was taken into custody by federal authorities on federal charges but rather when he was indicted for the state charges D. holding that the trial court did not abuse its discretion by refusing to accept the defendants guilty pleas to two counts of the indictment and stating that even if the trial court erred the error had not prejudiced the defendant because he was found guilty by the jury of the charges to which he intended to plead and the evidence of the other crimes would have been admissible in the trial for the first degree murder charge E. holding that although plaintiff was liable for medical services rendered he was not bound by the amount of the charges listed in the admission contract as he was entitled to question the reasonableness of the charges

assistant: The best answer is A. holding that affirmance of a dismissal of new charges was required when speedy trial had lapsed despite the fact that the corree tion of the charges in the amended information would not have prejudiced das ability to address the merits of the states case in any way
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 and to the extent the SARs are settled in the form of shares of Common Stock, the Company will not be obligated to issue or deliver such shares unless the issuance and delivery of such shares complies with applicable law, including, without limitation, the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, and the requirements of any stock exchange or market upon which the Common Stock may then be listed, and shall be further subject to the approval of counsel for the Company with respect to such compliance. All certificates for shares of Common Stock delivered under the SARs shall be subject to such stock-transfer orders and other restrictions as the Company may deem advisable under the rules, regulations, and other requirements of the United States Securities and Exchange Commission, any stock exchange or market upon which the Common Stock may then be listed, and any applicable federal or state securities law. The Company may cause a legend or legends to be placed on any such certificates to make appropriate reference to such restrictions.

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 Borrower (i) is Solvent and (ii) is not the subject of any Insolvency Proceedings or Insolvency Event. The transactions under the Transaction Documents to which the Borrower is a party do not and will not render the Borrower not Solvent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: I believe Alvarez has established enough facts to survive summary judgment. That is because “[o]nce there is evidence of improper conduct and subjective offense, the determination of whether the conduct rose to the level of abuse is largely in the hands of the jury.” Howard v. Burns Bros., Inc., 149 F.3d 835, 840 (8th Cir.1998). I recognize that the hostile environment factor is difficult to analyze in light of our varying jurisprudence. Compare Duncan v. Gen. Motors Corp., 300 F.3d 928 (8th Cir.2002) (finding that a single request for a relationship, four or five isolated touching incidents, a request to draw a phallic symbol and teasing in the form of a gender-based poster were not severe enough to meet this element); with Eich v. Bd. of Regents, 350 F.3d 752 (8th Cir.2003) (<HOLDING>). However, “[ejach case must stand on its own Options: A. holding that conduct of supervisor who grabbed plaintiff on the buttocks and made suggestive comments while she was conversing with another employee was not sufficiently severe or pervasive to alter a term or condition of plaintiffs employment B. recognizing that a plaintiff can demonstrate that samesex harassment is because of sex by showing that the conduct was motivated by the coworkers sexual desire for persons of the same sex C. holding that several touching incidents standing behind the plaintiff simulating a sex act and another incident of simulating a sex act were severe or pervasive enough to affect a term or condition of employment D. holding that conduct was not sufficiently severe or pervasive where over twoweek period a coworker stood behind the plaintiff to create physical contact surreptitiously looked at the plaintiffs genitals in the restroom and engaged in unwanted touching E. holding that conduct that a jury finds to be based on sex and not motivated by nondiscriminatory reasons cannot later be found by a district court to lack an intent to discriminate on the basis of sex

assistant: The best answer is C. holding that several touching incidents standing behind the plaintiff simulating a sex act and another incident of simulating a sex act were severe or pervasive enough to affect a term or condition of employment
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: be threatening , abuse or invade another 's privacy , or cause annoyance , inconvenience or needless anxiety or be likely to harass , upset , embarrass , alarm or annoy any other person ;

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: 2009) (citations omitted) (quoting Impresa Construzioni Geom. Domenico Garufi, 238 F.3d at 1332-33); accord Advanced Data Concepts, Inc. v. United States, 216 F.3d 1054, 1058 (Fed. Cir. 2000) (“The arbitrary and capricious standard ... requires a reviewing court to sustain an agency action evincing rational reasoning and consideration of relevant factors.”); see also Citizens to Preserve Overton Park, Inc., 401 U.S. at 416, 91 S.Ct. 814 (“The court is not empowered to substitute its judgment for that of the agency.”). In addition to showing “a significant error in the procurement process,” a protestor must show “that the error prejudiced it.” Data Gen. Corp. v. Johnson, 78 F.3d 1556, 1562 (Fed. Cir. 1996); see also Bannum, Inc. v. United States, 404 F.3d 1346, 1351 (Fed. Cir. 2005) (<HOLDING>). “To establish prejudice ..., a protester must Options: A. holding that a bid award may be set aside if either 1 the procurement officials decision lacked a rational basis or 2 the procurement procedure involved a violation of regulation or procedure B. holding that if the procuring agencys decision lacked a rational basis or was made in violation of the applicable statutes regulations or procedures the court must then determine as a factual matter if the bid protester was prejudiced by that conduct C. holding a bid award may be set aside if either 1 the procurement officials decision lacked a rational basis or 2 if the procurement procedure involved a violation of regulation or procedure D. holding that a protester must show that the governments error in a bid evaluation was so significant that the government had no reasonable basis for its best value determination E. holding that in bid protest cases a bid award may be set aside if either 1 the procurement officials decision lacked a rational basis or 2 the procurement procedure involved a violation of regulation or procedure

assistant: The best answer is B. holding that if the procuring agencys decision lacked a rational basis or was made in violation of the applicable statutes regulations or procedures the court must then determine as a factual matter if the bid protester was prejudiced by that conduct
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 institution of any litigation, arbitration proceeding or governmental proceeding with respect to such Originator, the Company, the Servicer, the Performance Guarantor, or any other Originator, that with respect to any Person other than the Company, could reasonably be expected to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: offense and informs the defendant of the charges against him so that he can prepare his defense and be protected against double jeopardy. See United States v. Jackson, 327 F.3d 273, 290 (4th Cir.2003). Here, the indictment adequately alleged the elements of a conspiracy under § 371. See id.; United States v. Ellis, 121 F.3d 908, 922 (4th Cir.1997) (providing elements). Moreover, the uncontroverted evidence at trial was clearly sufficient to prove that Hemby-Brown conspired to defraud financial institutions that were FDIC-insured. For example, several vehicles were purchased by using information provided by Hemby-Brown to obtain financing from Wachovia Bank, First Citizen’s Bank, and Chase Manhattan Bank, all FDIC-insured. See United States v. Janati, 374 F.3d 263, 270 (4th Cir.2004) (<HOLDING>). We therefore affirm Hemby-Brown’s conviction. Options: A. holding that when an indictment charges several acts conjunctively under a statute which subjects several alternative acts to the same punishment the government need only prove violation of one of the alleged acts to prove violation of the statute B. holding that the government must prove the facts used in sentencing by a preponderance of the evidence C. holding that government may prove facts outside the overt acts alleged in the indictment D. holding that the striking similarity between the acts alleged in the indictment and the prior incidents rendered incidents that occurred fifteen years prior to the acts alleged in the indictment relevant and admissible under rule 404b E. holding that when an indictment alleges nonessential facts the government need not prove them in order to sustain a conviction

assistant: The best answer is C. holding that government may prove facts outside the overt acts alleged in the indictment
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 agrees that this Separation Agreement and the Employment Agreement are confidential and agrees not to disclose any information regarding the terms of this Separation Agreement or the Employment Agreement, except to his immediate family and any tax, legal or other counsel he has consulted regarding the meaning or effect hereof or as required by law, and he will instruct each of the foregoing not to disclose the same to anyone. GALENA agrees to disclose any such information only to any tax, legal or other counsel of GALENA as required by law. Further, Executive shall not affirmatively make any public or private statements about his employment or separation from GALENA except to his immediate family and any tax, legal or other counsel he has retained, unless authorized in writing by GALENA; except however, that in response to any inquires from any media or third party, Executive only can state that "Executive and GALENA have agreed to part ways on an amicable basis upon the conclusion of the Employment Agreement." GALENA shall provide dates of employment and positions held by Executive in response to any inquiry made by a third party for any purpose regarding Executive's employment by GALENA, and shall not be required to provide any other reference for Executive, whether oral or written, other than the letter of reference described in Section 2(e) of this Separation 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: Immediately prior to giving effect to the transactions contemplated by this Agreement, the authorized capital stock of the Company consists of (i) 350,000,000 shares of Common Stock, of which 141,616,264 shares are issued and outstanding, and (ii) 25,000,000 shares of preferred stock, par value $.001 per share, 5,000,000 shares of which are designated as “Series B Convertible Preferred Stock”, none of which are issued and outstanding. As of the date hereof 9,050,000 shares of Common Stock are reserved for issuance upon exercise of stock options granted under the Company’s 2007 Stock Option Plan and 25,000,000 shares of Common Stock are reserved for issuance upon exercise of stock options and other stock awards to be granted under the Company’s 2013 Equity Incentive Plan (18,358,500 of which have been granted as of the date hereof). As of the date hereof there are outstanding warrants to purchase 12,922,648 shares of Common Stock, and warrants to purchase 344,993 shares of Series B Convertible Preferred Stock. All of the outstanding shares of capital stock of the Company have been duly and validly authorized and issued, are fully paid and non-assessable and are subject to no preemptive rights (and were not issued in violation of any preemptive rights). Except as provided in the Note and the Warrant, the Company does not have outstanding any securities or other obligations providing the holder the right to acquire Common Stock or other equity security that is not reserved for issuance as specified in this subsection 5(c), and the Company has not made any other commitment to authorize, issue or sell any Common Stock or other equity security.

assistant: Capitalization
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: a criminal trial is sometimes treated as evidence tending to prove that the defendant committed th .Super. 293, 299-300, 391 A.2d 923 (App.Div.1978) (same) and Hyland v. Kehayas, 157 N.J.Super. 258, 263-265, 384 A.2d 902 (App.Div. 1978) (same). 2 Furthermore, the Appellate Division's opinion reversing the criminal conviction of Guastella’s co-defendant, Wasyluk, raised a serious question about the merits of the judgment against Guastella. Consequently, even if Guastella had survived long enough for a judgment of conviction to have been entered on the verdict against him, once Wasyluk’s judgment had been reversed, the trial court should not have accepted Guastella’s conviction as nce Co., 215 N.J.Super. 278, 282, 521 A.2d 912 (App.Div.), certif. denied, 107 N.J. 152, 526 A.2d 211 (1987) (<HOLDING>); Liberty Mutual Fire Ins. Co. v. Kahlaid, Options: A. holding that a principal is bound by a contract entered into by the principals agent on her behalf if the agent had authority to bind the principal B. holding that arson committed by a dominant fiftypercent stockholder was attributable to the corporation C. holding that in an arson case there must be other proof that the offense was committed to corroborate a confession by the defendant D. holding that a corporation could be served by delivering a copy of the subpoena to an officer or managing or general agent of the corporation and that the agent could be an individual a partnership or another corporation E. holding that arson committed by stockholder who was the principal managing agent precluded recovery by the corporation

assistant: The best answer is E. holding that arson committed by stockholder who was the principal managing agent precluded recovery by the corporation
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 with all laws, rules, regulations and orders of any Governmental Authority applicable to it or its property, except where the failure to do so, individually or in the aggregate, would not reasonably be expected to result in a Material Adverse Effect; provided , that this Section 5.06 shall not apply to Environmental Laws, which are the subject of Section 5.09 , or to laws related to Taxes, which are the subject of Section 5.03 .

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: Payments of vested accrued benefits to Pre-2005 Plan I Beneficiaries from the Trust shall be made in accordance with the distribution event specified by the Participant in the Deferral Election between the Company and the Participant (the “Distribution Event”). Except as otherwise expressly provided in the Participant’s Deferral Election and as set forth in Article VII below, no distribution shall be made or commenced prior to the time and manner as set forth in the Participant’s Deferral Election.

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 legal provision and list the applicable contract clause categories. Provision: (a) (i) The audited consolidated balance sheets and the statements of income, stockholders’ equity, and cash flow as of and for the fiscal years ended December 31, 2014, December 31, 2015 and December 31, 2016 for (x) Novitex and its consolidated subsidiaries, (y) SourceHOV and its consolidated subsidiaries and (z) Parent and its consolidated subsidiaries and (ii) the unaudited consolidated balance sheets and statements of income, stockholders’ equity and cash flow as of and for the fiscal quarter ended March 31, 2017 for (x) Novitex and its consolidated subsidiaries, (y) SourceHOV and its consolidated subsidiaries and (z) Parent and its consolidated subsidiaries, including the notes thereto, if applicable, present fairly in all material respects the consolidated financial position of the Novitex, SourceHOV and Parent and their respective consolidated subsidiaries as of the dates and for the periods referred to therein and the results of operations and, if applicable, cash flows for the periods then ended, and, except as set forth on Schedule 3.05 , were prepared in accordance with GAAP applied on a consistent basis throughout the periods covered thereby, except, in the case of interim period financial statements, for the absence of notes and for normal year-end adjustments and except as otherwise noted therein.

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: program if the claimant has a reason that would cause a reasonably prudent person to refuse to attend the rehabilitation program under the same or similar circumstances.” Whether a claimant has “good cause” under the statute is determined under an objective, reasonable person standard. See Hoffman, at ¶ 15. [¶ 15] Just as the Bureau has the burden of establishing that a rehabilitation plan is appropriate, see Paul, 2002 ND 96, ¶ 8, 644 N.W.2d 884, the Bureau also has the burden of showing noncompliance with a rehabilitation plan. Once the Bureau establishes noncompliance, it becomes the claimant’s burden to establish good cause for noncompliance. See Fuhrman, 1997 ND 191, ¶ 7, 569 N.W.2d 269; compare Wright v. North Dakota Workers Comp. Bureau, 2001 ND 72, ¶ 25, 625 N.W.2d 256 (<HOLDING>); Maginn v. North Dakota Workers Comp. Bureau, Options: A. holding that while the creditor has the initial burden to produce some evidence of lack of good faith the ultimate burden is on the debtor to prove his good faith B. holding that the party asserting notice error has the burden of demonstrating prejudice C. holding that the burden of proof is on the claimant D. holding claimant has burden of demonstrating a good faith work search E. holding that duty of good faith and fair dealing did not extend to thirdparty claimant

assistant: The best answer is D. holding claimant has burden of demonstrating a good faith work search
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of Utah.” Aplt. App. at 11. The assertion that Waite breached his duty of good faith and fair dealing because he was not technically authorized to be a trustee is meritless. The assertion that Waite was not a proper trustee establishes no specific breach of a duty by Waite as trustee, the very status that created the duty of good faith alleged in Brazell’s claim. The other allegation, that Waite was foreclosing on behalf of a party without authority, is also meritless. In this claim, Brazell asserts that Waite is liable for breach of a duty of good faith and fair dealing. Brazell only makes conclusory allegations that Waite breached any duty, however, and makes no specific allegations that Waite violated the trust deed or the foreclosure statutes. See Five F, LLC, 81 P.3d at 106, 109 (<HOLDING>). Particularly here, where Brazell failed to Options: A. holding that the implied covenant of good faith and fair dealing is limited to performance under a contract B. holding that negligence alone is not sufficient to constitute a breach of the implied covenant of good faith and fair dealing owed to insureds C. recognizing that evidence of breach of implied covenant of good faith and fair dealing may support punitive damages D. holding that trustees fiduciary duty required it to do no more than follow requirements of trust deed and statute and that trustors claim for breach of implied covenant of good faith and fair dealing was therefore not viable E. holding that a duty of good faith and fair dealing is implied in insurance contracts in pennsylvania and allows for the award of compensatory damages pursuant to a breach of contract claim in a first party insurance case explaining that the difference between first and third party claims does not matter to the implied covenant of good faith and fair dealing

assistant: The best answer is D. holding that trustees fiduciary duty required it to do no more than follow requirements of trust deed and statute and that trustors claim for breach of implied covenant of good faith and fair dealing was therefore not viable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of injunctive relief to effectuate the bankruptcy court's jurisdiction under 28 U.S.C. § 157 to administer the reorganization.”). 5 . Bank of America argues that the Guarantor Arbitration will have no preclusive effect on the Adversary Proceeding, citing to Dean Witter Reynolds Inc. v. Byrd, 470 U.S. 213, 105 S.Ct. 1238, 84 L.Ed.2d 158 (1985). The Court in Dean Witter specifically declined to decide what preclusive effect the arbitration proceedings in that case would have because the issue was not before the Court. Id. at 223, 105 S.Ct. 1238. 6 . The decisions relied upon by Bank of America are distinguishable from the circumstances surrounding the Guarantor Arbitration and its likely effect on the debtors’ bankruptcy cases. See In re W.R. Grace & Co., 591 F.3d 164, 171 (3d Cir.2009) (<HOLDING>) (citing In re Federal-Mogul Global, Inc., 300 Options: A. holding that a lawsuit alleging malpractice by an accountant in a bankruptcy case was a core matter within a bankruptcy courts jurisdiction B. holding that the bankruptcy court lacked subject matter jurisdiction over counterclaims asserted by the bankruptcy estate against a creditor where the claim is a state law action independent of the federal bankruptcy law and not necessarily resolvable by a ruling on the creditors proof of claim in the bankruptcy emphasis added C. holding that a proceeding that by its nature could arise only in the context of a bankruptcy case is a core matter subject to the jurisdiction of the bankruptcy court D. holding that bankruptcy court is without jurisdiction to control disposition of chapter 13 debtors property that is not property of the bankruptcy estate unless the property is related to the bankruptcy proceedings of the code E. holding that an inchoate claim of common law is not in and of itself enough to establish the bankruptcy courts subject matter jurisdiction and that in order for a bankruptcy court to have relatedto jurisdiction to enjoin a lawsuit that lawsuit must affect the bankruptcy without the intervention of yet another lawsuit

assistant: The best answer is E. holding that an inchoate claim of common law is not in and of itself enough to establish the bankruptcy courts subject matter jurisdiction and that in order for a bankruptcy court to have relatedto jurisdiction to enjoin a lawsuit that lawsuit must affect the bankruptcy without the intervention of yet another lawsuit
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution and delivery of this Agreement and the other Loan Documents will result in valid and legally binding obligations of the Company enforceable against it in accordance with the respective terms and provisions hereof and thereof, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of creditors’ rights or by the application of equitable principles relating to enforceability (regardless of whether considered in a proceeding in equity or at law) including, (i) the possible unavailability of specific performance injunctive relief or any equitable remedy and (ii) concepts of materiality, reasonableness, good faith and fair dealings; provided that the Company assumes for the purposes of this Section 3.01(c) that this Agreement and the other Loan Documents have been validly executed and delivered by each of the parties thereto other than the Company.

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: This Agreement (including the Exhibits hereto) and the other Transaction Agreements constitute the full and entire understanding and agreement between the parties with respect to the subject matter hereof, and any other written or oral agreement relating to the subject matter hereof existing between the parties are expressly canceled.

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 climbing short distances due to the back and knee pain, no impairment in fine or gross motor activities of the upper extremities, and a slight degenerative arthritis in the right knee. (R. 465). Collectively, these physicians’ notes, while acknowledging Corson’s chronic neck and back pain, do not indicate that Corson has become totally disabled as a result. Instead, the opinions suggest a sedentary work capacity, as the ALJ concluded. Therefore, the ALJ correctly concluded that Corson’s testimony regarding her vocational capacity in light of the neck and back pain was not credible. Corson also argues that the ALJ failed to consider Corson’s work record in evaluating her credibility. Plaintiffs Memorandum at 30. See generally Janas v. Barnhart, 451 F.Supp.2d 483, 501 (W.D.N.Y. 2006) (<HOLDING>); Rivera v. Schweiker, 717 F.2d 719, 725 (2d Options: A. holding that a good work history may be deemed probative of credibility B. holding that in determining the propriety of summary judgment credibility determinations may not be made C. holding that a number of errors may be deemed harmful in their cumulative effect D. recognizing that history of domestic violence provides good cause for declarants absence E. holding that history of dishonesty can support an adverse credibility finding

assistant: The best answer is A. holding that a good work history may be deemed probative of credibility
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the satisfaction of the conditions precedent set forth in Section 4 hereof, and in reliance on the representations, warranties, covenants and other agreements of the Borrower Parties contained herein, the Administrative Agent and the Lenders party hereto (collectively, the “ Lender Parties ”) hereby consent to each of the Specified Permitted Payments as and when made, and the same shall be deemed permitted under the Credit Agreement as and when made. The foregoing consent shall be limited precisely as written and shall not, except as otherwise expressly provided herein, be deemed or otherwise construed to constitute a waiver of any other Default or Event of Default or any future breach of the Credit Agreement or any other Loan Document or to prejudice any right, power or remedy which the Lender Parties may have under or in connection with the Credit Agreement or any other Loan Document. The Lender Parties, on behalf of themselves and the other Lenders, hereby reserve their rights under the Loan Documents and applicable law in respect of the Credit Agreement and the other Loan Documents. This consent relates only to the specific matters covered herein, and shall not be considered to create a course of dealing or to otherwise obligate any Lender to execute similar amendments under the same or similar circumstances in the future.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of a merger, reorganization, statutory share exchange, consolidation, recapitalization, dividend or distribution (whether in cash, shares or other property), stock split, reverse stock split, spin-off or similar transaction or other change in corporate structure affecting the Common Stock or the value thereof, such adjustments and other substitutions shall be made to the Plan and Awards as the Committee, in its sole discretion, deems equitable or appropriate, including adjustments in the aggregate number, class and kind of securities that may be delivered under the Plan and, in the aggregate or to any one Participant, in the number, class, kind and option or exercise price of securities subject to outstanding Awards granted under the Plan (including, if the Committee deems appropriate, the substitution of cash, similar options to purchase the shares of, or other awards denominated in the shares of, another company, or other property, as the Committee may determine to be appropriate in its sole discretion). Any of the foregoing adjustments may provide for the elimination of any fractional share which might otherwise become subject to any Award.

assistant: Adjustments
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: Upon the payment in full of all Secured Obligations, the cancellation or termination of the commitments and any other contingent obligation included in the Secured Obligations, the security interest granted hereby shall terminate hereunder and of record and all rights to the Patent Collateral shall revert to the Grantor. Upon any such termination, the Secured Party shall, at the Grantor’s expense, execute and deliver to the Grantor such documents as the Grantor shall reasonably request to evidence such termination.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of training caused her injury, or that the City’s alleged failure amounted to deliberate indifference. See Chiaro v. Cnty. of Nassau, No. 09-CV-3702 (SJF)(AKT), 2011 WL 3701804, at *6 (E.D.N.Y. July 29, 2011) (report and recommendation) (granting summary judgment where plaintiff failed to identify a deficiency in training or proffer evidence that inadequate training was the actual cause of his injury), adopted, 2011 WL 3702110 (E.D.N.Y. Aug. 23, 2011), aff'd, 488 Fed.Appx. 518 (2d Cir.2012) (summary order). Plaintiffs conclusory allegations cannot even survive a motion to dismiss, let alone summary judgment. See King, 2014 WL 4954621, at *34 (dismissing Monell claim because “ ‘the simple recitation that there was a failure to train municipal employees does not suf , 669 (D.Conn.2008) (<HOLDING>). The other allegations in the records — an Options: A. holding that municipality could not be liable on failuretosupervise theory where police officer had history of insubordination at prior policing job due to absence of any evidence showing that the officer was incompetently performing his job on such a consistent basis that keeping him on duty represented a deliberate indifference to the constitutional rights of its citizens B. holding that persecution of a woman because of her government job or her husbands position as a police officer was not on account of a particular social group C. recognizing affirmative duty of a police officer to prevent the violation of constitutional rights by another officer D. holding that a company policy which forced an employee to choose between losing his job for the exercise of his rights under erisaprotected benefits or keeping his job and forcing him to give up his benefits would be essentially unfair or a quintessential hobsons choice E. holding officer liable for deprivation of constitutional rights despite argument that officer although present was not in control of the situation

assistant: The best answer is A. holding that municipality could not be liable on failuretosupervise theory where police officer had history of insubordination at prior policing job due to absence of any evidence showing that the officer was incompetently performing his job on such a consistent basis that keeping him on duty represented a deliberate indifference to the constitutional rights of its citizens
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: partially revoked Jones’s post-release supervision, the circuit court sentenced Jones to two years in the ISP. The circuit court further ordered that following Jones’s initial two-year sentence, Jones would then serve the remaining twelve years and six months of his sentence on post-release supervision. Any confusion regarding Jones’s sentence stems from the circuit court’s conditional provision that Jones would have to serve his entire sentence in MDOC custody if he violated the ISP terms. ¶ 9. The conditional aspect of the circuit court’s sentence is logistically in opposition to the law because the circuit court cannot revoke Jones’s remaining term of post-release supervision based on Jones’s violation of the ISP terms. See Smith v. State, 742 So.2d 1146, 1148 (¶ 11) (Miss.1999) (<HOLDING>). Similarly, Jones’s post-release supervision Options: A. holding that probation and suspension of sentence may not be revoked based solely on a violation or criminal offense that was committed before the offender was actually placed on probation B. holding that where defendant admitted to two violations of probation and was sentenced therefor court could not enter second order of revocation and resentence defendant on third charge of violation of probation which was pending at time defendants probation was first revoked C. holding that probation is not a sentence D. holding that a defendants probation cannot be revoked solely on the basis of hearsay E. holding that probation does not constitute a sentence

assistant: The best answer is A. holding that probation and suspension of sentence may not be revoked based solely on a violation or criminal offense that was committed before the offender was actually placed on probation
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: further , unless you and airbnb both otherwise agree in writing , the arbitrator may not consolidate more than one party 's claims and may not otherwise preside over any form of any class or representative proceeding .

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: from the date on which they were taken.”). Ganesan argues he is entitled to a new trial because he “timely requested” the record and it was lost or destroyed “without appellant’s fault.” See Tex.R.App. P. 34.6(f). The Texas Supreme Court has expressly held that “[i]f a litigant has not requested the reporter to prepare a statement of the facts within three years, nor specifically requested that the notes of a proceeding be preserved beyond three years, then the litigant is not free from fault....” See Piotrowski, 873 S.W.2d at 371. Because Ganesan could have requested the reporter to prepare the record within three years of the proceeding, or at minimum requested that the record be preserved, he is not free from fault. Accordingly, he is not entitled to a new trial. See id. at 370 (<HOLDING>). Appellant argues that his request for the Options: A. holding appellant is not entitled to a new trial unless the reporters notes have been lost or destroyed without appellants fault and the parties cannot agree on a statement of facts B. holding that motion for a new trial whether for guilt or punishment requires a valid legal claim a court cannot grant a new trial unless the defendant shows that he is entitled to one under the law C. holding that if appellant preserves legal sufficiency complaint in motion for new trial new trial is all the relief appellate court can give because that is all the relief appellant requested in trial court D. holding that plaintiff cannot introduce new allegations or new facts in opposition to a motion to dismiss E. holding trial court reversibly erred in not permitting appellant to withdraw his plea where court erroneously stated appellant could appeal motion was in fact not dispositive and appellant was entitled to rely on the courts statement

assistant: The best answer is A. holding appellant is not entitled to a new trial unless the reporters notes have been lost or destroyed without appellants fault and the parties cannot agree on a statement of facts
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 Committee may amend, modify or terminate the Award and this Agreement without approval of the Grantee; provided, however, that such amendment, modification or termination shall not, without the Grantee’s consent, reduce or diminish the value of this Award determined as if it had been fully vested on the date of such amendment or termination. Notwithstanding anything herein to the contrary, the Company is authorized, without Grantee’s consent, to amend or interpret this Award and this Agreement certificate to the extent necessary, if any, to comply with Section 409A of the Code and Treasury regulations and guidance with respect to such law.

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 case excerpt and choose the best holding from the options. Case excerpt: Castillo-Rodriguez, 23 F.3d 576, 581 (1st Cir.1984); the nonmovant has a “corresponding obligation to offer the court more than steamy rhetoric and bare conclusions.” Lawton v. State Mid. Life Assurance Co. of Am., 101 F.3d 218, 223 (1st Cir.1996). Furthermore, “the nonmovant must ‘produce specific facts, in suitable evidentiary form’ sufficient to limn a trial-worthy issue.... Failure to do so allows the summary judgment engine to operate at full throttle.” Id.; see also Kelly v. United States, 924 F.2d 355, 358 (1st Cir.1991) (warning that “the decision to sit idly by and allow the summary judgment proponent to configure the record is likely to prove fraught with consequence.”); Medina-Munoz, 896 F.2d at 8, (quoting Mack v. Great Atl. & Pac. Tea Co., 871 F.2d 179, 181 (1st Cir.1989)) (<HOLDING>) Local Rule 56(b), moreover, requires the Options: A. holding that a district court must compare and weigh the opposing evidence and it must set aside the verdict if it determines that the verdict is against the clear weight of the evidence B. holding to prove possession the state must show that a defendant possessed a certain substance the substance was illegal and he had knowledge of the presence of the substance C. holding substance of claim must have been presented to state court D. holding that the evidence illustrating the factual controversy cannot be conjectural or problematic it must have substance in the sense that it limns differing versions of the truth which a factfinder must resolve E. holding that to justify a new trial based upon newly discovered evidence 1 the evidence must have been discovered after trial 2 the failure to discover this evidence must not be attributable to a lack of due diligence on the part of the movant 3 the evidence must not be merely cumulative or impeaching 4 the evidence must be material and 5 the evidence must be likely to produce an acquittal if a new trial is granted

assistant: The best answer is D. holding that the evidence illustrating the factual controversy cannot be conjectural or problematic it must have substance in the sense that it limns differing versions of the truth which a factfinder must resolve
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 effective date of the Plan is January 1, 2006. Sections 2.03 and 3.01 of the Plan were amended on March 19, 2008. The Plan was further amended effective January 1, 2009, December 8, 2010, March 31, 2011, September 22, 2011, and June 25, 2015. The compensation and benefits payable under this Plan are payable upon Change in Control events that occur after the effective date of this Plan.

assistant: Effective Dates
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 TO THIS AGREEMENT IRREVOCABLY WAIVES ANY AND ALL RIGHTS SUCH PARTY MAY HAVE TO DEMAND THAT ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RELATIONSHIPS OF THE PARTIES HERETO BE TRIED BY JURY. THIS WAIVER EXTENDS TO ANY AND ALL RIGHTS TO DEMAND A TRIAL BY JURY ARISING UNDER COMMON LAW OR ANY APPLICABLE STATUTE, LAW, RULE OR REGULATION. FURTHER, EACH PARTY HERETO ACKNOWLEDGES THAT SUCH PARTY IS KNOWINGLY AND VOLUNTARILY WAIVING SUCH PARTY’S RIGHT TO DEMAND TRIAL BY JURY.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: some jurisdictions do not allow the foregoing limitations of liability , so to the extent that any such limitation is found to be impermissible , such limitation may not apply to you .

assistant: None