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: No. 27 in the settled list. [¶ 66.] 6.Whether the trial court erred by allowing defense counsel’s comments in regard to plaintiffs expert during closing argument. [¶ 67.] Veith asserts that defense counsel’s remarks about plaintiffs expert, Dr. Balliro, constituted an irregularity in the proceedings under SDCL 15 — 6—59(a)(1) thereby prejudicing the jury and denying him a fair trial. However, Veith failed to preserve this issue for appeal by not offering proper objection during closing. “The rule is that the objection to argument of counsel must be made at the time of t ding that plaintiffs failure to request a mistrial due to defense counsel’s improper statements during closing argument foreclosed his opportunity to argue it on appeal); State v. Handy, 450 N.W.2d 434, 435 (S.D.1990) (<HOLDING>)); Arbach v. Gruba, 89 S.D. 322, 232 N.W.2d 842 Options: A. holding that defendant did not preserve his challenge to alleged prosecutorial misconduct where he did not timely object B. holding defendants failure to object timely waives its right to challenge expert report C. holding appellant waived his challenge to statute as vague as applied because he did not specifically object at trial D. holding that defendant must object at trial to preserve as applied challenge for appeal E. holding that defendants objection to personal jurisdiction was forfeited where defendant did not object before he entered his plea

assistant: The best answer is A. holding that defendant did not preserve his challenge to alleged prosecutorial misconduct where he did not timely object
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 has disclosed to the Lenders all agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. None of the reports, financial statements, certificates or other information furnished by or on behalf of the Borrower, any Subsidiary, or any consolidated Immaterial Entity to the Administrative Agent or any Lender in connection with the negotiation of this Agreement or delivered hereunder (as modified or supplemented by other information so furnished) contain any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that, with respect to projected financial information, the Borrower represents only that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the application publisher , on behalf of itself , microsoft , wireless carriers over whose network the application is provided , and each of our respective affiliates , vendors , agents , and suppliers ( `` covered parties '' ) , gives no express warranties , guarantees , or conditions in relation to the application .

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: time for discovery. We therefore overrule M.D. Anderson’s second and third issues as they pertain to the alleged absence of evidence to establish waiver of immunity. IV. Conclusion We affirm the trial court’s denial of M.D. Anderson’s no-evidence motion for summary judgment; reverse its denial of the plea to the jurisdiction; dismiss King’s claims that her injuries were caused by any M.D. Anderson’s employee’s failure to act, exercise of medical judgment, or use or misuse of medication; and remand the case to give King the opportunity to plead sufficient facts to allow the trial court to determine whether King’s assertions concerning a hospital bed adequately allege that her injuries were caused by the use of tan oeder, 190 S.W.3d 102 (Tex.App.-Houston [1st Dist.] 2005, no pet.) (<HOLDING>). 7 . Arnold, 279 S.W.3d at 468-69 (holding Options: A. recognizing that immunity may be waived B. holding that negligent supervision is inseparable from the use of the motor vehicle C. holding that section 41 16 does not grant a waiver for claims of negligent supervision D. holding that immunity is not waived for injury or death caused by negligent supervision E. recognizing torts of negligent hiring supervision and retention

assistant: The best answer is D. holding that immunity is not waived for injury or death caused by negligent supervision
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for (a) compliance with and filings under the HSR Act, (b) the Required Approvals and the approvals required by the Commission in connection with any registration statement filed under the Investor Rights Agreement, and (c) any approvals of Governmental Authorities required in connection with the Delta Documents, no consent or approval of, or filing with, notice to or waiver from any Governmental Authority which has not been obtained or made by Dynegy is required to be obtained or made by Dynegy in connection with the execution and delivery of the Transaction Documents and the consummation by Dynegy of the transactions contemplated by the Transaction Documents, other than any such consents, approvals or filings the failure of which to obtain or make would not have a Material Adverse Effect. Except as specifically contemplated by the Transaction Documents, no consent or approval of the Stockholders is required with respect to the issuance of the Shares to Purchaser or the performance by Dynegy of its obligations under the Transaction Documents.

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: The Parties will, at their own expense and at any time and from time to time, promptly execute and deliver all further instruments and documents, and take all further action, that may be necessary or desirable, or that either Party may reasonably request, in order to protect any right or interest granted or purported to be granted hereby or to enable the ABL Agents or the Second Lien Agent to exercise and enforce their rights and remedies hereunder; provided , however , that no Party shall be required to pay over any payment or distribution, execute any instruments or documents, or take any other action referred to in this Section 7.2, to the extent that such action would contravene any law, order or other legal requirement or any of the terms or provisions of this Agreement, and in the event of a controversy or dispute, such Party may interplead any payment or distribution in any court of competent jurisdiction, without further responsibility in respect of such payment or distribution under this Section 7.2.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Investor agrees that irreparable damage would occur in the event that any provision of this Agreement was not performed by such Investor in accordance with the specific terms hereof or was otherwise breached, and that money damages or legal remedies would not be an adequate remedy for any such damages. Therefore, it is accordingly agreed that the Company shall be entitled to enforce specifically the terms and provisions of this Agreement, or to enforce compliance with, the covenants and obligations of the Investors, in any court of competent jurisdiction, and appropriate injunctive relief shall be granted in connection therewith. The Company, in seeking an injunction, a decree or order of specific performance, shall not be required to provide any bond or other security in connection therewith and any such remedy shall be in addition and not in substitution for any other remedy to which the Company is entitled at law or in equity.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH OF THE PARTIES HERETO HEREBY WAIVES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that any provision of this Agreement is determined by a court to require the Corporation to do or to fail to do any act which is in violation of applicable law, such provision shall be limited or modified in its application to the minimum extent necessary to avoid a violation of law, and, as so limited or modified, such provision and the balance of this Agreement shall be enforceable in accordance with their terms.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: applying the legal “tax” definition utilized by courts under the Act. In arriving at this conclusion, the court determined that the assessment involved an “involuntary pecuniary burden,” because the marketing order involved statutory, rather than contractual, obligations. Id. at 387. Also, the assessment was found to be for a public purpose, since the funds were utilized “to defray the necessary expenses incurred by the director in the formulation, issuance, administration and enforcement of each marketing order.” Id. at 388. However, contrary to the Farmers Frozen Food decision, courts under the Code have not hesitated to determine certain assessments to be “fees,” despite the fact that they stemmed from statutory obligations. In re Jenny Lynn Mining, 780 F.2d 585, 588 (6th Cir.1986) (<HOLDING>); In re Shooters Emporium, Inc., 135 B.R. 701, Options: A. holding that the countys permit fee violated the first amendment B. holding that background check assessments required by statute are not taxes under the code C. holding that permit fee assessments required by statute are not taxes under the code D. holding that permit fees imposed by statute were not taxes E. holding unemployment taxes accrued when employees were terminated not when the amount of compensation taxes are determinable

assistant: The best answer is C. holding that permit fee assessments required by statute are not taxes under the code
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests, consents and other communications hereunder to any party shall be deemed to be sufficient if contained in a written instrument delivered in person or duly sent by certified mail, postage prepaid or by an overnight delivery service, charges prepaid; addressed to such party at the address set forth on the signature page hereto or such other address as may hereafter be designated in writing by the addressee to the addressor. In the case of a notice, request, consent or other communication directed to the Company, a copy of such communication (which shall not constitute notice) shall be provided to the Company’s legal counsel: Jamile J. Francis III, Womble Bond Dickinson (US) LLP, 550 South Main Street, Ste. 400, Greenville, SC 29601. In the case of a notice, request, consent or other communication directed to W&A and Wanserski, a copy of such communication (which shall not constitute notice) shall be provided to their legal counsel: Tony G. Powers, 935 Manchester Pl., Atlanta, GA 30328. Any party may from time to time change its address for the purpose of notices to that party by a similar notice specifying a new address, but no such change shall be deemed to have been given until it is actually received by the party sought to be charged with its contents.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 130 S.Ct. at 2565 (internal citations and quotation marks omitted), and we have repeatedly emphasized that equitable tolling is not available to “those who sleep on them rights,” see, e.g., Covey v. Ark. River Co., 865 F.2d 660, 662 (5th Cir.1989). Giving Wickware all benefit of the doubt, equitable tolling still would not help him. Even if we fictionally extend the benefit of § 2244(d)(2) to his improperly filed petition and discount the entire period of time from Wickware’s original filing of his state habeas application on August 29, 2003, and the TCCA’s ruling on the merits of Wickware’s second application on April 4, 2007, Wickware would fail to meet the AEDPA time limits. Wickware’s conviction became final for AEDPA purposes on Decembe , 599 (5th Cir.2009) (per curiam) (<HOLDING>); Webb v. Dretke, 165 Fed.Appx. 375, 376 (5th Options: A. holding that petition was properly filed even though the state court denied it as procedurally barred because the petition was delivered to and accepted by the state court B. holding that the petitioner was not entitled to equitable tolling where he filed his habeas petition more than two months late C. holding that trial court erred in granting petition for termination of parental rights based on noncompliance with case plan when case plan was not filed and approved by the court until seven months after petition for termination was filed D. holding that petitioner was dili gent for equitable tolling purposes where petitioner filed state petition two months after conviction was final and filed federal petition seven days after discovering state had denied petition on the merits E. holding that a petitioner was not entitled to equitable tolling where he waited six months to file a federal petition after any state misconduct ended

assistant: The best answer is D. holding that petitioner was dili gent for equitable tolling purposes where petitioner filed state petition two months after conviction was final and filed federal petition seven days after discovering state had denied petition on the merits
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: For purposes of the Plan, Termination means a Participant ceasing to be a member of the Board for any reason, including resignation, removal, or failure to be re-elected. A Participant who ceases to be an Outside Director, but is still a member of the Board, shall not have incurred a Termination. Notwithstanding the foregoing, for purposes of determining when a Participant’s Account becomes payable, Termination shall not be considered to have occurred until the Participant incurs a separation from service as defined in Treasury Regulations issued pursuant to §409A of the Code. A Participant shall not be considered to have incurred a separation from service until the Participant has ceased to provide any services as a director or independent contractor for Baxter, its subsidiaries, and any other entity that would be treated as a member of a controlled group that includes Baxter under §414(b) or (c) of the Code (as modified by substituting 50% ownership for 80% for all purposes thereof), without any expectation of the Participant being retained to provide future services as a director or independent contractor; provided, however, that a Participant shall not be considered to have failed to incur a separation from service if the Participant is, or becomes, an employee of any such entity.

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: In addition to amounts payable as provided in Section 16.5, each Borrower hereby agrees to protect, indemnify, pay and save harmless Agent and any of Agent’s Affiliates that have issued a Letter of Credit from and against any and all claims, demands, liabilities, damages, taxes, penalties, interest, judgments, losses, costs, charges and expenses (including reasonable fees, expenses and disbursements of counsel and allocated costs of internal counsel) which the Agent or any of Agent’s Affiliates may incur or be subject to as a consequence, direct or indirect, of the issuance of any Letter of Credit, other than as a result of (a) the bad faith, gross negligence or willful misconduct of the Agent as determined by a final and non-appealable judgment of a court of competent jurisdiction or (b) the wrongful dishonor by the Agent or any of Agent’s Affiliates of a proper demand for payment made under any Letter of Credit, except if such dishonor resulted from any act or omission, whether rightful or wrongful, of any present or future de jure or de facto Governmental Body (all such acts or omissions herein called “Governmental Acts”).

assistant: Indemnity
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 prisoner, "[wjhile the state court judgment is neither reversed nor vacated, the prisoner is released and the state court judgment authoritatively declared void." Rimmer v. Fayetteville Police Department, 567 F.2d 273, 277 (4th Cir.1977). Again, it is clear that habeas may favorably terminate a criminal proceeding. See supra note 27 and accompanying text. 30 . It is important to note that allowing pardons or expungement orders to serve as favorable terminations has no bearing on the finality of the criminal proceedings. Rather, giving certain pardons or expungement orders this effect operates at most to extend the time during which a person may be exposed to liability for malicious prosecution. 31 . See 28 U.S.C. §§ 2254, 2255; Leonard v. Hammond, 804 F.2d 838, 842 (4th Cir.1986) (<HOLDING>). It is well settled that such "custody” is not Options: A. holding that a habeas petitioner must be in custody under the conviction or sentence under attack at the time his petition is filed B. recognizing that federal habeas statutes require petitioner to be in custody when petition filed C. holding that a petitioner should be permitted to seek habeas review in state court even if there were doubt that the states substantive law would permit a habeas petition D. holding that active jurisdiction arose when the petitioner was detained for purposes of habeas corpus when the petition was filed E. holding that petitioner was dili gent for equitable tolling purposes where petitioner filed state petition two months after conviction was final and filed federal petition seven days after discovering state had denied petition on the merits

assistant: The best answer is B. recognizing that federal habeas statutes require petitioner to be in custody when petition filed
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: however , viber reserves the right to charge you for such products ( at the normal rate ) in the event that viber determines ( in its reasonable discretion ) that you are abusing the terms of the offer , including if you are using any service , proxy or other device or anonymous ip address that prevents us from locating you .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Within [**] following the end of each Calendar Quarter after Merus has exercised the [**] Co-Development Option, Incyte shall prepare and deliver to Merus a [**] report detailing its Development Costs incurred during such period with respect to the [**] Co-Development Program together with an invoice for thirty-five percent (35%) of such Development Costs identified. Merus shall pay all undisputed amounts payable under any such invoice within [**] after its receipt of such invoice, provided that, with respect to any Development Costs incurred by Incyte in relation to the [**] Co-Development Product in excess of [**] of the then-approved [**] Co-Development Budget without prior notification to Merus and the approval of the [**] JDC (and if not approved by the [**] JDC, the JSC), Merus shall be required to pay any undisputed excess amounts within [**] after its receipt of the invoice including such excess costs. Merus shall have the right to audit the records of Incyte with respect to any purported Development Costs included in such reports, in accordance with Section 9.8.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Term of this Agreement shall begin as of the Effective Date and it shall continue through March 31, 2018 at which time it will terminate unless extended pursuant to this paragraph, and Executive will relinquish his seat on the Board of Directors of PHH Corporation at the expiration of the Term of this Agreement. The Term of this Agreement shall be subject to extension by mutual written agreement of the Parties, for a period of any length as they may mutually agree, in which case the Term will continue through the end of such extension. Notwithstanding the foregoing, the Term of this Agreement shall be terminated before the date it would otherwise expire if this Agreement is terminated pursuant to Section 3(b) hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Didn’t say when or where really, but he made a claim. The defendant was right there. He said nothing.” And the government repeated the error in rebuttal argument: “They put him in the back of their vehicle, and he never once said anything to them about being forced.” In this summation argument, the government “directly link[ed] the implausibility of the defendant’s exculpatory story to his ostensibly inconsistent post-arrest silence.” Price v. King, 714 F.2d 585, 588 (5th Cir.1983). Determinatively, again, the government did so after Andaverde-Tiñoco had testified that, unlike his companions, he had not cooperated post arrest by telling his exculpatory story on the way to the station but only later after his second Miranda warning, thus obviating the need 895-96 (5th Cir.1978) (<HOLDING>). Even though Andaverde-Tiñoco did open the Options: A. holding that the government may comment on a defendants prearrest premiranda silence as well as his postarrest pr emiranda silence B. holding that an infringement on the defendants fundamental due process right in the form of a comment on the defendants silence by the prosecution did not rise to level of plain error C. holding under plain error review that prosecutions repeated references to defendants silence in a one day trial were not harmless despite defendants responsive comments on silence D. holding that the government cannot use postarrest silence against a defendant because miranda warnings give implicit assurances that silence will not be used against a person and accordingly it would be fundamentally unfair and a violation of due process to allow a defendants silence to be used to impeach him at trial E. holding a prosecutor may not comment on a defendants silence

assistant: The best answer is C. holding under plain error review that prosecutions repeated references to defendants silence in a one day trial were not harmless despite defendants responsive comments on silence
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: (quoting Seminole Tribe v. Florida, 517 U.S. 44, 67, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996)). Because we affirmed the denial of qualified immunity in Martinez-Aguero and allowed the case to proceed to trial, the availability of a Bivens remedy was necessary to the decision and is binding Fifth Circuit law. 3 . See, e.g., Escobar v. Gaines, No. 3-11-0994, 2014 WL 4384389, at *4 (M.D.Tenn. Sept. 4, 2014) (“The Court does not have to 'imply' a damages remedy [for undocumented immigrants challenging a raid by immigration officials] — one already exists under Bivens for damages against federal officers who violate a person’s Fourth Amendment rights.”); Morales v. Chadbourne, 996 F.Supp.2d 19, 30-34 (D.R.I.2014) (same); Vazquez-Mentado v. Buitron, 995 F.Supp.2d 93, 97-102 (N.D.N.Y.2014) (<HOLDING>); Diaz-Bernal v. Myers, 758 F.Supp.2d 106, 111, Options: A. recognizing an implied fourth amendment action for damages B. holding that a mexican national who alleged that she had been illegally arrested and beaten by a border patrol agent may bring a bivens claim for unlawful arrest and the excessive use of force under the fourth amendment C. recognizing aliens bivens claim for damages under the fourth amendment against the chief border patrol agent arising from the us border patrol buffalo sectors policy which rewarded usbp buffalo sec tor agents with cash vacation time and gift cards for high arrest numbers but not for the legality of arrests D. recognizing cause of action for damages against federal agents acting under their authority who allegedly violated plaintiffs fourth amendment rights E. recognizing an action for damages against unknown federal agents for the violation of constitutional rights

assistant: The best answer is C. recognizing aliens bivens claim for damages under the fourth amendment against the chief border patrol agent arising from the us border patrol buffalo sectors policy which rewarded usbp buffalo sec tor agents with cash vacation time and gift cards for high arrest numbers but not for the legality of arrests
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: On the Closing Date, immediately prior to and after giving effect to the execution and delivery of the Loan Documents and the Extensions of Credit to be made on the Closing Date, the Parent Borrower and its Restricted Subsidiaries, on a consolidated basis, are 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 legal provision and list the applicable contract clause categories. Provision: Your current title is President, and you will continue to report to the Company’s Chief Executive Officer. This is a full-time position. While you render services to the Company, you will not engage in any other employment, consulting or other business activity (whether full‑time or part-time) that would create a conflict of interest with the Company. By signing this Agreement, you confirm to the Company that you have no contractual commitments or other legal obligations that would prohibit you from performing your duties for the Company.

assistant: Positions
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: Sebasky’s intent and state of mind. It is undisputed neither complainant knew anything about the bulletins’ content. Given these facts, the challenged evidence tends not to corroborate witness testimony, but only to suggest improperly that Sebasky acted in conformity with his beliefs about relationships between men and boys. See Minn.R.Evid. 404(a) (requiring evidence of a person’s character show more than “conformity therewith on a particular occasion”); State v. Miggler, 419 N.W.2d 81, 85 (Minn.App.1988) (stating magazines containing child pornography, the admission of which would not corroborate any of the complainant’s testimony, could not be admitted to show the defendant’s propensity to sexually abuse children); People v. Bagarozy, 132 A.D.2d 225, 522 N.Y.S.2d 848, 855 (1987) (<HOLDING>); see also State v. Harris, 521 N.W.2d 348, 353 Options: A. holding improper admission of hearsay evidence is reversible error only when the admission causes prejudice B. holding that admission of evidence of defendants gross receipts was reversible error C. holding that we would not review a claim of error regarding the admission of evidence when the defendant stipulated to its admission at trial D. holding that any error in admission of demonstrative aid was harmless because evidence of defendants guilt was overwhelming E. holding the admission of nambla affiliation was error because its only purpose was to demonstrate the defendants sexual tendencies

assistant: The best answer is E. holding the admission of nambla affiliation was error because its only purpose was to demonstrate the defendants sexual tendencies
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Interest and fees hereunder shall be computed on the basis of a year of 360 days and for the actual number of days elapsed; provided that interest on Domestic Rate Loans shall be calculated on a 365 or 366 day basis, as the case may be, for the actual number of days elapsed. If any payment to be made hereunder becomes due and payable on a day other than a Business Day, the due date thereof shall be extended to the next succeeding Business Day and interest thereon shall be payable at the applicable Contract Rate for Domestic Rate Loans during such extension.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise expressly provided herein, all notices and deliveries referred to in this Warrant shall be in writing and shall be delivered personally, sent by reputable overnight courier service (charges prepaid) or sent by registered or certified mail, return receipt requested, postage prepaid and shall be deemed to have been given when so delivered (or when received, if delivered by any other method) if sent (i) to the Company, at its principal executive offices and (ii) to Holder, at Holder’s address as it appears in the records of the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Service. Concurrently, these defendants have withdrawn cross-motions for summary judgment they filed in response to Plaintiffs' motion. 2 . CERCLA defines "hazardous substance” in part as “any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the [Resource Conservation and Recovery Act (RCRA) ] [42 U.S.C.A. § 6921]...." 42 U.S.C.A. § 9601(14) (West 1994). The EPA has listed lead as a "characteristic” hazardous waste under 42 U.S.C.A. § 6921. See 40 C.F.R. § 261.20-.24 (1993). Likewise, spent lead-acid batteries are deemed hazardous waste under RCRA. See 40 C.F.R. § 261.6(a)(2)(iv) (1993) (spent lead-acid batteries being reclaimed are subject to regulation under RCRA); United States v. 1LCO, Inc., 996 F.2d 1126, 1131-32 (11th Cir. 1993) (<HOLDING>). Since these substances are deemed hazardous Options: A. holding that the plaintiff could not recover fees for time spent on unsuccessful motions B. holding that the district court erred by treating the defendants time spent in home detention as a sentence of imprisonment under 4a11 a of the sentencing guidelines C. holding that plaintiffs are entitled to attorneys fees for time spent litigating the fees issue on appeal under title viis attorneys fee provision D. holding that time workers spent traveling on an employers boat to a construction site was not compensable under the act E. holding spent leadacid batteries are hazardous wastes regulated under rcra

assistant: The best answer is E. holding spent leadacid batteries are hazardous wastes regulated under rcra
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: There is no fact relating to the Company that the Company has not disclosed to Acquiring Entity in writing that materially and adversely affects nor, insofar as Company can now foresee, will materially and adversely affect, the condition (financial or otherwise), properties, assets, liabilities, business operations, results of operations or prospects of Company. No representation or warranty by Company herein and no information disclosed in the schedules or exhibits hereto by Company contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained herein or therein not misleading.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Although Joseph challenged the constitutionality of the drug-quantity determination in his sentencing memorandum, the Government points out that Dunbar did not make a constitutional challenge in the district court, and argues for plain-error review. The result is the same regardless whether our review is de novo or for plain error. According to the Court, Any fact that, by law, increases the penalty for a crime is an ‘element’ that must be submitted to the jury and found beyond a reasonable doubt. Mandatory minimum sentences increase the penalty for a crime. It follows, then, that any fact that increases the mandatory minimum is an ‘element’ that must be submitted to the jury. Alleyne v. United States, — U.S. -, 133 S.Ct. 2151, 2155, 186 L.Ed.2d 314 (2013) (internal citations omitted) (<HOLDING>). However, Joseph and Dunbar do not challenge Options: A. holding that to apply the firearm enhancement the firearm need only reflect the context of the defendants possession and the defendants ability to use the firearm to promote the controlled substance offense B. holding that use certainly includes brandishing a firearm quotation marks omitted C. holding defendants minimum sentence could not be increased for brandishing a firearm where based on jury instructions jury convicted defendant of the lesser offense of carrying rather than brandishing the firearm D. holding that to enhance a sentence because of the defendants use of a firearm the jury must find the defendant guilty of a crime involving a firearm or otherwise specifically find that a firearm was used E. holding that the trial court was not entitled to impose a threeyear mandatory minimum sentence on a defendant convicted of possession of a firearm by a convicted felon where the jury verdict did not specifically find actual possession

assistant: The best answer is C. holding defendants minimum sentence could not be increased for brandishing a firearm where based on jury instructions jury convicted defendant of the lesser offense of carrying rather than brandishing the firearm
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: Guarantor is in compliance in all material respects with all Requirements of Law. Guarantor is not in default with respect to any judgment, order, writ, injunction, decree, rule or regulation of any arbitrator or Governmental Authority.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the District Court’s order improperly burdens his social security benefits. ¶20 Based on the evidence introduced at sentencing, including the testimony of accountants Bateson and Newberg, the District Court ordered Eaton to pay $114,520.32 in restitution. The court ordered Eaton to make payments of 20 percent of his net income and indicated that net income includes income from any source including social security or retirement benefits. ¶21 However, the District Court’s order conflicted with § 407(a), which provides that “none of the moneys paid or payable ... under [the Social Security Act] shall be subject to ‘execution,’ ‘levy,’ ‘attachment,’ ‘garnishment,’ or other ‘legal process.’ ” See also Bennett v. Arkansas (1988), 485 U.S. 395, 396, 108 S.Ct. 1204, 1205, 99 L.Ed.2d. 455, 458 (<HOLDING>); Philpott v. Essex County Welfare Bd. (1973), Options: A. holding that the express language of 407a and the clear intent of congress that social security benefits not be attachable B. holding that under 42 usc 407a social security benefits commingled with other nonexempt funds in a bank account remain exempt if the funds are reasonably traceable to social security income C. holding that offset for social security retirement benefits does not include federal disability benefits and stating that there was no legislative intent to embody the entire subchapter of the social security act dealing with both disability benefits and old age benefits D. holding that under 42 usc 407a social security benefits commingled with other nonexempt funds in a bank account remain exempt if the funds are reasonably traceable to social security income on a firstin firstout basis E. holding that 407a imposes a broad bar against the use of any legal process to reach all social security benefits

assistant: The best answer is A. holding that the express language of 407a and the clear intent of congress that social security benefits not be attachable
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 constitutes the entire agreement and supersedes all prior agreements and understandings, both written and oral, among the parties with respect to the subject matter hereof; except for that certain Non-Disclosure and Restricted Use Agreement dated as of August 7, 2016, which is in full and force and effect, along with this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The Borrower agrees to pay to the Administrative Agent for the account of each Lender a commitment fee, which shall accrue at the Applicable Rate on the average daily amount of the undrawn portion of the Commitment of such Lender during the period from and including the Effective Date to but excluding the date on which such Commitment terminates. Accrued commitment fees shall be payable in arrears on the last day of March, June, September and December of each year and on the date on which the Commitments terminate, commencing on the first such date to occur after the date hereof. All commitment fees shall be computed on the basis of a year of 360 days and shall be payable for the actual number of days elapsed (including the first day but excluding the last day).

assistant: Fees
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: Any provision of this Note may be amended, modified or waived if and only if the Holder of this Note and the Company has consented in writing to such amendment, modification or waiver of any such provision of this Note.

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: not prohibit retaliation against employees who do not allege unlawful discrimination”); see also Mixon v. Charlotte-Mecklenburg Sch., 3:ll-CV-228-MOC-DSC, 2011 WL 5075808, at *6, 2011 U.S. Dist. LEXIS 124291, at *17 (W.D.N.C. Aug. 5, 2011)(“Title VII requires that employees provide some kind of notice to their employer that they are complaining about prohibited practices covered by the statute. Generalized complaints about disputes or annoyances in the workplace are insufficient”); Gray, 2011 WL 1831780, at *6-7, 2011 U.S. Dist. LEXIS 51155, at *21 (finding no protected activity where the plaintiffs emails to management did not mention racial discrimination, harassment, or retaliation); Richardson v. Richland Cnty. Sch. Dist. No. One, 52 Fed.Appx. 615, 617 (4th Cir.2002) (unpublished) (<HOLDING>). In this case, neither of Plaintiffs Options: A. holding that plaintiff could not establish a prima facie case of discrimination because she was unable to present evidence that she was qualified for the position B. holding that a plaintiff can show that she is qualified by presenting credible evidence that she continued to possess the objective qualifications she held when she was hired C. holding that a plaintiff could not proceed on her procedural due process claim brought under 1983 because she did not show that she had exhausted her state law remedies or alleged that those remedies were inadequate D. holding appellant produced no evidence that when she made her complaints to management she ever mentioned that she felt she was being treated unfairly due to her race or sex E. holding that a plaintiff could not show that she engaged in protected activity because she did not present evidence that she informed her employer that her complaints were based on race or age discrimination

assistant: The best answer is E. holding that a plaintiff could not show that she engaged in protected activity because she did not present evidence that she informed her employer that her complaints were based on race or age discrimination
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, the Separation Agreement and the Merger Agreement constitute the entire agreement among the Parties relating to the transactions contemplated hereby and supersede any other agreements, whether written or oral, that may have been made or entered into by or among any of the Parties or any of their respective Subsidiaries relating to the transactions contemplated hereby. No representations, warranties, covenants, understandings, agreements, oral or otherwise, relating to the transactions contemplated by this Agreement exist between the Parties, except as expressly set forth in this Agreement, the Separation Agreement and the Merger Agreement.

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: v. Hardy, 293 N.C. 105, 235 S.E.2d 828 (1977). Defendant’s knowledge of specific documents is certainly conceivable because she had access to transcripts from Robert Kelly’s trial that may have disclosed the existence of specific documents relevant to her own defense. We agree with defendant, however, that she was denied her right to due process under the Federal Constitution when the trial court ' failed to conduct a review of the privileged materials brought forth for in camera Ritchie review pursuant to Judge Tillery’s pretrial order applicable to all defendants. We take judicial notice of materials referred to in Kelly for purposes of the present appeal. See Barker v. Agee, 93 N.C. App. 537, 378 S.E.2d 566 (1989), aff’d in part, rev’d in part, 326 N.C. 470, 389 S.E.2d 803 (1990) (<HOLDING>). Therefore, in the event of a retrial, the Options: A. holding that the appellate court may take judicial notice of its own records in related proceedings B. recognizing that the court may take judicial notice of its own docket C. recognizing that a court may rely on matters of which a court may take judicial notice D. holding that appellate court may judicially notice its own records E. holding that a trial court may take judicial cognizance of records on file in its own court punctuation omitted

assistant: The best answer is A. holding that the appellate court may take judicial notice of its own records in related proceedings
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Lenders and the Issuing Lender hereby irrevocably appoints PNC to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Section 10 are solely for the benefit of the Administrative Agent, the Lenders and the Issuing Lender, and neither the Borrowers nor any other Loan Party shall have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or other similar term) with reference to the Administrative Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable Law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

assistant: Authority