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

user: Read the legal provision and list the applicable contract clause categories. Provision: All interest, as well as fees and other charges calculated on a per annum basis, shall be computed for the actual days elapsed, based on a year of 360 days; provided that, in the case of a UK Revolver Loan made in Sterling, such calculation shall be made on the basis of a 365 day year (or a 366 day year, in the case of a leap year). Each determination by Agent of any interest, fees or interest rate hereunder shall be final, conclusive and binding for all purposes, absent manifest error. All fees shall be fully earned when due and shall not be subject to rebate, refund or proration. All fees payable under Section 3.2 are compensation for services and are not, and shall not be deemed to be, interest or any other charge for the use, forbearance or detention of money. A certificate as to amounts payable by Borrowers under Section 3.4, 3.6, 3.7, 3.9 or 5.9 , submitted to US Borrower Agent by Agent or the affected Lender, as applicable, shall be final, conclusive and binding for all purposes, absent manifest error, and Borrowers shall pay such amounts to the appropriate party within 10 days following receipt of the certificate.

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: In further consideration of the execution by the Holders of this Waiver Agreement, the Company, on behalf of itself and each of its Subsidiaries and Affiliates, and all of the successors and assigns of each of the foregoing (collectively, the “ Releasors ”), hereby completely, voluntarily, knowingly, and unconditionally releases and forever discharges each of the Holders and each of their respective advisors, professionals and employees, each affiliate of the foregoing and all of their respective successors and assigns (collectively, the “ Releasees ”), from any and all claims, actions, suits, and other liabilities, including, without limitation, any so-called “lender liability” claims or defenses (collectively, “ Claims ”), whether arising at law or in equity, which any of the Releasors ever had, now has or hereinafter can, shall or may have against any of the Releasees for, upon or by reason of any matter, cause or thing whatsoever from time to time occurring on or prior to the date hereof, in any way concerning, relating to, or arising from (a) any of the Releasors, (b) the Note Purchase Agreement, the Notes, the Subsidiary Guaranty or any of the other agreements, documents, or instruments executed and delivered in connection therewith, or any of the obligations thereunder, (c) the financial condition, business operations, business plans, prospects or creditworthiness of the Company, and/or (d) the negotiation, documentation and execution of this Waiver Agreement and any documents relating hereto. The Company, on behalf of itself and the other Releasors, hereby acknowledges that they collectively have been advised by legal counsel of the meaning and consequences of this release.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties hereto agree that irreparable damage for which monetary damages, even if available, would not be an adequate remedy, would occur if the parties hereto do not perform their obligations under the provisions of this letter agreement in accordance with its specified terms or otherwise breach such provisions. The parties acknowledge and agree that (i) the parties shall be entitled to an injunction or injunctions, specific performance, or other equitable relief, to prevent breaches of this letter agreement and to enforce specifically the terms and provisions hereof (in the courts described in Section 2(b)) without proof of damages or otherwise, this being in addition to any other remedy to which they are entitled under this letter agreement, at law or in equity, and (ii) the right of specific enforcement is an integral part of this letter agreement the Transactions and without that right, neither the Company nor Parent would have entered into this letter agreement or the Transaction Agreements.

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 case excerpt and choose the best holding from the options. Case excerpt: for administrative and judicial relief from a wrongful zoning decision are unconstitutional. The gravamen of this claim is Greenspring’s allegation that because it might take “in excess of two years” to pursue administrative and judicial appeals, these procedures are unconstitutionally burdensome. However, Greenspring does not explain how it arrived at this two year projection, and in any event, delays of this magnitude are not unconstitutional burdens. Even when a significant delay is incurred in reversing a wrongful zoning board decision, and even when that delay causes the plaintiffs to default on their construction loans and lose everything to foreclosure, the Fourth Circuit has held that plaintiffs have not been deprived of procedural due process. Sylvia Dev., 48 F.3d at 817, 827(<HOLDING>). • Greenspring speculates that it could take Options: A. holding that a five month delay is unreasonable B. holding that 11 month delay in reversing wrongful zoning board decision did not deprive plaintiff of due process C. holding that a 13 month delay was unreasonable D. holding that discretion of zoning board was not sufficiently circumscribed to support substantive due process claim E. holding that a five month delay was unreasonable

assistant: The best answer is B. holding that 11 month delay in reversing wrongful zoning board decision did not deprive plaintiff of due process
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 representations, warranties and covenants contained in this Agreement shall survive (i) the acceptance of this Agreement by the Company, (ii) the consummation of offering of the Subject Preferred Shares as provided for herein, and (iii) changes in the transactions, documents and instruments described herein which are not material or which are to the benefit of the Subscribers, in each case until the earlier of the (A) Merger Closing or (B) Termination Date. The Subscribers acknowledge the meaning and legal consequences of the representations, warranties and covenants contained herein and that the Company has relied upon such representations, warranties and covenants in determining each Subscriber’s qualification and suitability to purchase the Subject Shares.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in particular , content that promotes an illegal or unauthorized copy of another person 's copyrighted work , such as providing pirated computer programs or links to them , providing information to circumvent manufacture-installed copy-protect devices , or providing pirated music or links to pirated music files ;

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: everybody to guess as opposed to what in fact, did or did not happen. So with respect to those matters, they are suppressed and ... please disregard those comments by the prosecutor." Record at 549-50. Under these circumstances, the trial court would have committed no error in refusing Sutton's request for a mistrial. The third alleged erroneous denial of a motion for mistrial stems from an incident which occurred during the prosecutor's closing arguments. His comments to the jury included an arguably incorrect statement of the law. An objection was interjected immediately. A curative instruction was requested and given. No other remedy was sought. Consequently, the trial court could not have erred by not ordering a mistrial. See Barker v. State (1982), Ind., 440 N.E.2d 664, 669 (<HOLDING>). Finally, Sutton argues that she was entitled Options: A. holding that failure to request continuance waives complaint that state withheld exculpatory evidence in violation of brady B. holding that trial judges admonition of the jury to disregard prosecutors comments on the defendants failure to testify did not cure the error C. holding that failure to request an admonition waives any error resulting from a failure to admonish the jury D. holding that failure to raise an issue in an opening brief waives that issue E. holding that the failure to raise an issue in the opening brief waives the issue

assistant: The best answer is C. holding that failure to request an admonition waives any error resulting from a failure to admonish the jury
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Shareholder hereby authorizes IMS Health and Quintiles to publish and disclose in any announcement or disclosure required by the SEC and in the Joint Proxy Statement/Prospectus such Shareholder’s identity and ownership of the Covered Shares and the nature of such Shareholder’s obligations under this Agreement, provided that IMS Health and Quintiles shall give each Shareholder and its legal counsel a reasonable opportunity to review and comment on any such announcement or disclosure prior to its being made public. Except as may be required by applicable Law, no press release or other public statements by any Shareholder regarding this Agreement, the transactions contemplated hereby, the Merger Agreement or the transactions thereby are permitted, other than press releases or other public statements that are not inconsistent with previous press releases, public disclosures or public statements made jointly by IMS Health and Quintiles.

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 legal provision and list the applicable contract clause categories. Provision: Neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned by any of the parties to this Agreement (whether by operation of law or otherwise) without the prior written consent of the other parties to this Agreement, and any purported assignment or other transfer without such consent shall be void and unenforceable; provided , however , that (a) a change of control of any party hereto (whether by a purchase of equity interests or all or substantially all assets, merger, consolidation or other reorganization of such party) shall not be considered an assignment and (b) each of Element and Celadon may assign this Agreement, including its rights, interests and obligations hereunder, to one or more of its Permitted Transferees (as defined in the LLC Agreement) without the consent of the other parties to this Agreement; provided , further , that no such assignment shall reduce any liabilities hereunder of Element or Celadon, as applicable.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and public policy, include a provision requiring actual physical contact between the insured or the vehicle occupied by him and the unidentified vehicle." (Travelers Indemnity Co. v. Reddick [1974], 37 Ohio St. 2d 119, 308 N.E.2d 454, approved and followed.) I am convinced that Motorists Mutual created here precisely what the Rowe holding explicitly recognized as a lawful restriction on coverage: a policy definition that, by its very terms, limited coverage to cases involving direct physical contact between an unidentified hit- and-run vehicle and an insured vehicle. In my view, such a conclusion is manifest from the use of the term "hit" in the context of the definition as a whole. See Deinlein v. State Farm Mutual Ins. Co. (Mar. 22, 1989), Hamilton App. No. C-880228, unreported (<HOLDING>). That term, is its given context, has "a plain Options: A. holding that collision between the claimants vehicle and a steel pipe dropped from an exiting truck was not actual physical contact with a motor vehicle B. holding that the term strike as used in a contractual definition of hitandrun coverage required physical contact between the hitandrun vehicle and the insured vehicle C. holding attempt to apprehend hitandrun driver was directly and reasonably related to the operation and use of the insured vehicle D. holding that the physical contact needed to support a direct claim against an uninsured motorist carrier pursuant to nc gen stat 2027921 existed where the physical contact arose between the hitandrun vehicle and plaintiffs vehicle through intermediate vehicles involved in an unbroken chain collision which involved the hitandrun vehicle E. holding that collision between loading ramp that detached from trailer and insureds vehicle was not actual physical contact with a motor vehicle

assistant: The best answer is B. holding that the term strike as used in a contractual definition of hitandrun coverage required physical contact between the hitandrun vehicle and the insured vehicle
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: any amounts paid for medical treatment or for other compensation payable under this section resulting from the negligence of the third party[.] * ⅜ ⅜ [T]he amount recovered by suit or otherwise as reimbursement for medical expenses or other compensa tion shall be for the benefit of the employer * * * to the extent that the employer * * * has paid or will be required to pay compensation or pay for medical treatment of the injured employee and does not affect the amount of periodic compensation to be paid. Although subdivision 7 creates a separate cause of action in the employer, it does not alter “the allocation of employer and employee rights inherent in the statutory scheme of section 176.061.” Hodder, 426 N.W.2d at 838. The employer’s recovery is still sub 763, 767-68 (Minn.1985) (<HOLDING>); Metro. Milk Co. v. Minneapolis St. Ry., 149 Options: A. holding prejudgment interest is to be determined on the entire amount of compensatory damages and then reduced by the amount of interest which would have accrued at present value on the settlement amount determined before trial B. holding despite not finding undue hardship that it would be equitable to reduce the amount of nondischargeable liability by the amount of the accrued interest C. holding that when trial court orders restitution at sentencing pursuant to statute the defendant is entitled to notice of the amount claimed and the opportunity to dispute the amount D. holding that a trial court should calculate an employers contribution due for the third partys future payments by using affidavits and other evidence to determine a lump sum amount and reduce the amount to its present value as of the date of the contribution judgment E. holding that where the trial court awarded the former husband the value of his pension plan but failed to calculate the present value of the plan case must be reversed and remanded for redetermination of equitable distribution

assistant: The best answer is D. holding that a trial court should calculate an employers contribution due for the third partys future payments by using affidavits and other evidence to determine a lump sum amount and reduce the amount to its present value as of the date of the contribution judgment
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 and the other Loan Documents shall be governed by, and construed in accordance with, the laws of the State of New York without regard to conflicts of laws principles thereof but including Section 5-1401 and 5-1402 of the New York General Obligations Law.

assistant: Governing 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: Notices and all other communications provided for in this Agreement shall be in writing and shall be deemed to have been duly given when personally delivered or when mailed by United States certified mail, return receipt requested, or by overnight courier, postage prepaid, to the Company at its corporate headquarters address, to the attention of the Secretary of the Company, or to Executive at the home address most recently communicated by Executive to the Company in writing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement between you and the Company. This Agreement supersedes any previous agreements or understandings between you and the Company, except the Continuing Obligations, the Company’s applicable stock option plan and your stock option agreements (as such documents may be amended by Sections 2(b), 2(c) and 3(b) above), and any other obligations specifically preserved in 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: Each Company Intellectual Property is subsisting, valid and enforceable. The Company (i) owns all right, title and interest in and to each item of or otherwise have valid right to use all Company Intellectual Property, free and clear of all Encumbrances or (ii) has the valid right, free and clear of any Encumbrances, to use all the Intellectual Property used in, or otherwise necessary for, the conduct of the business of the Company. Neither the Company nor its operation of its business infringes, misappropriates, dilutes or otherwise violates, nor has it infringed, misappropriated, diluted or otherwise violated, any Intellectual Property of any third party. The Company has taken all commercially reasonable measures to protect the secrecy, confidentiality and value of all trade secrets, and there has not been any material unauthorized disclosure of any such trade secrets. There has been no material failure or other material substandard performance of any Company’s IT Systems that has caused any material disruption to its business. There has been no material unauthorized intrusion or breach of the security of the Company’s IT Systems, nor any material loss of data.

assistant: Intellectual Property
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 ruling are considered abandoned on appeal and not reviewable by this Court). Pending for review is the district court’s disposition of Hopson’s disparate treatment claims regarding the above five employment actions, brought pursuant to Title VII and Michigan’s EUiott-Larsen Civil Rights Act. A. Direct Evidencé of Discrimination Under both Title VII and Michigan law, a plaintiff may set forth a prima facie case of employment discrimination by presenting direct evidence of the defendant’s discriminatory intent. Nguyen v. City of Cleveland, 229 F.3d 559, 563 (6th Cir.2000) (citing Price Waterhouse v. Hopkins, 490 U.S. 228, 109 S.Ct. 1775, 104 L.Ed.2d 268 (1989) (plurality opinion)); Harrison v. Olde Fin. Corp., 225 Mich.App. 601, 572 N.W.2d 679, 683 (Mich.Ct.App.1997) (<HOLDING>). “[DJirect evidence is that evidence which, if Options: A. holding that title vii of the civil rights act of 1964 provides the exclusive remedy for claims of employment discrimination by federal agencies B. holding that when the plaintiff presents direct evidence of discrimination federal law provides appropriate guidance for analyzing claims brought under the michigan civil rights act C. holding that when the plaintiff presents direct evidence of discrimination price waterhouse applies rather than mcdonnell douglas D. holding that title vii provides the exclusive judicial remedy for claims of discrimination in federal employment E. holding the court may look to state law for guidance where federal law is not fully developed

assistant: The best answer is B. holding that when the plaintiff presents direct evidence of discrimination federal law provides appropriate guidance for analyzing claims brought under the michigan civil rights act
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions hereof, (a) the Closing shall take place at the offices of Vinson & Elkins, 666 Fifth Avenue, 26 th Floor, New York, New York, 10103 or such other location as mutually agreed to by the Parties, on March 2, 2017, or such other date as mutually agreed by the Parties, not later than March 10, 2017; provided that the Closing Date shall not be earlier than the date set forth in the Funding Notice, unless mutually agreed by the Parties. The obligation of each Purchaser to fund its Purchase Price at the Closing shall be conditional upon the concurrent funding by each other Purchaser hereunder.

assistant: Closings
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 shall pay its own fees and expenses (including the fees of any attorneys, accountants, appraises or others engaged by such party) in connection with this Agreement and the transactions contemplated hereby whether or not the transactions contemplated hereby are consummated; provided, however , that the Company will reimburse the Placement Agent for (i) its legal fees and expenses in the aggregate amount of $15,000, plus (ii) its reasonable out-of-pocket expenses; provided, further, that the Placement Agent must obtain the Company's prior approval for any out-of-pocket expense in excess of $1,500.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: prevents potential conflicts. Defendants’ Opp., supra at p. 16. Courts have recognized a prison's policy interest in prohibiting unsupervised group activity, or the creation of leadership roles within a religion, in order to maintain prison security and discipline. See, Shabazz v. Arkansas Dept. of Corr., 157 Fed.Appx. 944, 945 and 946 (8th Cir.2005)(affirming District Court's holding that avoiding the elevation of one (1) inmate to a position of religious leadership furthers prison security); Cooper v. Tard, 855 F.2d 125, 129 (8th Cir.1988)(policy which prohibited a Muslim group from creating a distinct leadership structure, and conducting unsupervised religious services, was reasonably related to a legitimate government interest); Akbar v. Borgen, 796 F.Supp. 1181, 1187 (E.D.Wis.1992)(<HOLDING>); Tisdale v. Dobbs, 807 F.2d 734, 738 (8th Options: A. holding that preventing fraud maintaining ethical standards and privacy were substantial interests B. recognizing the states interest in preventing deception of consumers C. recognizing that preventing gang activity and maintaining order in the prison population were legitimate penological goals D. holding that a twohour detention in handcuffs of a person present at an address being searched for weapons related to gang activity was reasonable E. holding that the government interest in preventing crime is compelling

assistant: The best answer is C. recognizing that preventing gang activity and maintaining order in the prison population were legitimate penological goals
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: Unless otherwise determined by the Committee at grant or, if no rights of the Participant are reduced, thereafter, subject to the provisions of the applicable Award Agreement and the Plan, upon a Participant’s Termination for any reason, Non-Tandem Stock Appreciation Rights will remain exercisable following a Participant’s Termination on the same basis as Stock Options would be exercisable following a Participant’s Termination in accordance with the provisions of Sections 6.3(f) through 6.3(j).

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: I will perform for the Company such duties as may be designated by the Company from time to time. During my period of employment or consulting relationship with the Company, I will devote my best efforts to the interests of the Company and will not engage in other employment or in any activities detrimental to the best interests of the Company without the prior written consent of the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Lender’s agreement not to pursue its rights and remedies until the occurrence of the Termination Date as described in Section 1.1 herein is temporary and limited in nature. Except as expressly provided herein, (i) nothing contained herein shall be deemed to constitute a waiver of the Specified Defaults or any other Default or Event of Default or compliance with any term or condition contained in the Credit Agreement or any of the other Loan Documents or constitute a course of conduct or dealing among the parties and (ii) the Lender reserves all rights, privileges and remedies under the Credit Agreement and the other Loan Documents.

assistant: No Waivers
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: Kveton further agree that he will cooperate fully with the Company and its counsel with respect to any matter (including litigation, investigations, or governmental proceedings) which relates to matters with which Kveton was involved during the time he served as Chief Executive Officer of the Company. Kveton shall render such cooperation in a timely manner upon reasonable notice from the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: At the time a Participant's Purchase Right is exercised, in whole or in part, or at the time a Participant disposes of some or all of the shares of Common Stock he or she acquires under the Plan, the Participant shall make adequate provision for the federal, state, local and non-U.S. tax withholding obligations of the Company, a Participating Company or a Participating Affiliate that arise upon exercise of the Purchase Right or upon such disposition of shares, if any, in accordance with such procedures and withholding methods as may be established by the Company. The Company, a Participating Company or a Participating Affiliate may, but shall not be obligated to, withhold from any compensation or other amounts payable to the Participant the amount necessary to meet such withholding obligations.

assistant: Tax Withholdings
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 Policies (and the NDA, if and to the extent applicable) constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals, oral or written, all negotiations, conversations, or discussions between or among the parties relating to the subject matter of this Agreement and all past dealing or industry custom.

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: In re American Express Co. Shareholder Litig., 39 F.3d 395, 400 (2d Cir.1994) (citing Sperber v. Boesky, 849 F.2d 60, 64-65 (2d Cir.1988)). See also Abrahams v. Young & Rubicam, 79 F.3d at 238 (“Abraham’s failure to establish a RICO claim stems from the fact that he was not the ‘target of the racketeering enterprise.’ ”) (citations omitted). Moreover, courts have repeatedly refused to find standing under RICO where the harm caused to the plaintiff is the result of the exposure of the alleged racketeering activity, rather than from the predicate acts underlying the scheme itself. See, e.g., Abrahams v. Young & Rubicam, 79 F.3d at 239 (finding failure to state a claim where plaintiff was injured only “by fallout from the scheme’s exposure”); American Express Co., 39 F.3d at 400 (<HOLDING>). See also In re Teledyne Defense. Contracting Options: A. holding that denial of remand was proper where plaintiff failed to raise the proper objection B. holding that the proper ground for dismissal of a 1983 action in which the plaintiff has failed to establish state action is lack of jurisdiction C. holding that dismissal is proper where any losses to american express were caused only because the scheme itself was exposed and thus failed D. holding that where the relevant facts were undisputed the only question for review was whether there was any evidence or reason to support a dismissal for want of prosecution E. holding that dismissal was appropriate because the complaint alleged that the decedent died because he was exposed to radiation while working as a federal employee so his claims were clearly covered by feca

assistant: The best answer is C. holding that dismissal is proper where any losses to american express were caused only because the scheme itself was exposed and thus failed
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: an alien to depart voluntarily under this section if the alien was previously permitted to so depart after having been found inadmissible under section 1182(a)(6)(A) of this title [aliens present in the United States without being admitted or paroled]. 10 . Rojas does not claim to have had relatives who were United States citizens or legal residents in 1998. 11 . The BIA reviews an IJ's exercise of discretion de novo. 8 C.F.R. § 1003.1(d)(3)(f), (ii); Matter of A-S-B-, 24 I. & N. Dec. 493, 496-97 (BIA 2008), abrogated on other grounds by Huang v. Attorney Gen., 620 F.3d 372 (3d Cir.2010). 12 . Rojas also argues that district court's revocation of his supervised release from his 2008 conviction violated Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) (<HOLDING>). As he concedes, United States v. Santana Options: A. holding that any fact other than a prior conviction that increases the maximum penalty for a crime must be charged in an indictment submitted to a jury and proven beyond a reasonable doubt B. holding that any fact other than fact of prior convictions which increases the penalty for a crime beyond the statutory maximum must be submitted to a jury and proven beyond a reasonable doubt C. holding that any fact that increases a sentence beyond the prescribed statutory maximum must be proven beyond a reasonable doubt to a jury D. holding that any fact other than that of a prior conviction that increases criminal penalties above the statutory maximum must be proven beyond a reasonable doubt and found by a jury E. holding any fact other than a prior conviction that increases the maximum penalty beyond the prescribed statutory maximum must be submitted to the jury and proved beyond a reasonable doubt

assistant: The best answer is D. holding that any fact other than that of a prior conviction that increases criminal penalties above the statutory maximum must be proven beyond a reasonable doubt and found by a jury
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Unless previously terminated, the Revolving Facility Commitments of each Class shall automatically and permanently terminate on the applicable Revolving Facility Maturity Date for such Class. On the Closing Third Amendment Effective Date (after giving effect to the funding of the Initial 2017 Term B Loans to be made on such date), the Initial 2017 Term B Loan Commitments of each Term Lender as of the Closing Date will automatically and permanently terminate. On the Incremental Term B-1 Funding Date ( after giving effect to the funding of the Incremental Term B-1 Loans to be made on such date), the Incremental Term B-1 Commitments of each Incremental Term B-1 Lender as of the Incremental Term B-1 Funding Third Amendment Effective Date will automatically and permanently terminate. For the avoidance of doubt, on the 2015 Revolving Facility Third Amendment Effective Date, the Revolving Facility Commitments of each Revolving Facility Lender as in effect immediately prior to the occurrence of the 2015 Revolving Facility Third Amendment Effective Date were terminated in full.

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: intention that the party so rely. McCamish, Martin, Brown & Loeffler v. F.E. Appling Interests, 991 S.W.2d 787, 792 (Tex. 1999); see also Bank of Tex., N.A. v. Glenny, 405 S.W.3d 310, 313 (Tex.App.— Dallas 2013, no pet.) (listing elements of negligent misrepresentation); Miller v. LandAmerica Lawyers Title of El Paso, 362 S.W.3d 842, 845 (Tex.App.—El Paso 2012, no pet.) (defining negligent misrepresentation as cause of action recognized in lieu of breach of contract). We express no opinion as to whether any of Chavez’s attorneys might be subject to a claim of negligent misrepresentation; however, there is no affirmative defense of negligent misrepresentation in avoidance of a contract. Cf. Soto v. Southern Life & Health Ins. Co., 776 S.W.2d 752, 756 (Tex.App.— El Paso 1989, no pet.) (<HOLDING>). Accordingly, Chavez’s assertion of the Options: A. holding that to avoid an affirmative defense a plaintiff must plead specifically matters of affirmative avoidance pursuant to rule 5508 B. holding that limitations on an insureds claims of negligent procurement negligent misrepresentation and violations of the insurance code and deceptive trade practices act began to run when insured purchased life insurance coverage and the discovery rule did not apply because the nature of the injury was not inherently undiscoverable C. holding negligent misrepresentation sufficient D. holding claims for negligent procurement of insurance accrued on date the insured purchased the insurance policies E. holding that negligent misrepresentation is not affirmative defense regarding avoidance of life insurance policies

assistant: The best answer is E. holding that negligent misrepresentation is not affirmative defense regarding avoidance of life insurance policies
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 Agents and the Lenders agree to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential); (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners); (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process; provided that Borrower shall be given notice by the applicable Lender prior to disclosure of Information under this clause (c) to the extent practicable and legally permissible; (d) to any other party hereto; (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder (it being understood that the list of Persons contemplated by clause (c) of the definition of Eligible Assignee may be disclosed to any assignee or Participant, or prospective assignee or Participant, in reliance on this clause (f)); (g) on a confidential basis to (i) any rating agency in connection with rating the Borrower or its Subsidiaries or the Loans or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Loans; (h) with the consent of the Borrower; or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section, or (y) becomes available to any Agent, any Lender or any of their respective Affiliates on a nonconfidential basis from a source other than the Borrower. In addition, the Agents and the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry and service providers to the Agents and the Lenders in connection with the administration of this Agreement, the other Loan Documents, and the Loans.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests, deliveries, payments, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be either delivered personally or sent by registered or certified mail, or by private courier, return receipt requested, postage prepaid to the parties at their respective addresses set forth herein, or to such other address as either shall have specified by notice in writing to the other. Notice shall be deemed duly given hereunder when delivered or mailed as provided herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the making of the extensions of credit requested to be made on such date; provided that if the Lenders providing an Incremental Term Loan or Incremental Revolving Loan to finance a Permitted Acquisition have agreed to a “funds certain” provision, then no Default or Event of Default shall have occurred and be continuing under Section 7(a) or (f) .

assistant: No Defaults
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: in addition , oculus does not represent or warrant that ( a ) the functions contained in the services will be accurate or meet your requirements ; ( b ) the operation of the services will be secure , uninterrupted , error-free or virus-free ; or ( c ) any defects in the services will be corrected .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This IP Security Agreement, the PPPFA and the other Transaction Documents constitute the entire agreement between Grantor and the Secured Party with respect to the subject matter hereof and thereof, and supersede all prior agreements and understandings, if any, relating to the subject matter hereof or thereof. Any promises, representations, warranties or guarantees not herein or therein contained and hereinafter made shall have no force and effect unless in writing signed by the parties hereto. Each party hereto acknowledges that it has been advised by counsel in connection with the negotiation and execution of this IP Security Agreement and is not relying upon oral representations or statements inconsistent with the terms and provisions hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a result of wrongful state conduct, especially when the loss is an indirect result of that conduct. Harpole v. Arkansas Dept. of Human Services, supra at 927-28. In our considered view, the Court’s analysis, in Harpole, inclusive of its favorable discussion of Ortiz, reflects that the Eighth Circuit has joined with the Fourth, First, and Sixth Circuits, in requiring a parent, who seeks to maintain a Section 1983 claim, which is based upon the loss of association with a child, to demonstrate that the State action was aimed directly at the parent-child relationship. See, Pittsley v. Warish, 927 F.2d 3, 8 (1st Cir.1991); Shaw v. Stroud, 13 F.3d 791, 794 (4th Cir.1994); Jaco v. Bloechle, 739 F.2d 239 (6th Cir.1984); but see, Kelson v. City of Springfield, 767 F.2d 651, 656 (9th Cir.1985) (<HOLDING>). Given this alignment, the Court’s decision, Options: A. recognizing in dictum parents right to care custody management and companionship of their children B. recognizing parents fundamental liberty interest in the care custody and management of their children C. recognizing that a parents liberty interest in the custody of a child is subject to due process protection D. holding that parents possessed a constitutionally protected liberty interest in the companionship of their child where they filed a section 1983 claim arising out of the suicide of their son while he was at school E. recognizing that foster parents do not have a constitutionally protected liberty interest in a continued relationship with their foster child

assistant: The best answer is D. holding that parents possessed a constitutionally protected liberty interest in the companionship of their child where they filed a section 1983 claim arising out of the suicide of their son while he was at school
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: RSUs shall be subject to the adjustment provisions included in Section 5(e) of the Plan. In the event of any such adjustment, the adjusted award shall be subject to the same vesting schedule as the RSUs, as set forth in Section 3.

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: Subject to the termination provisions set forth in Section 10 , the closing of the transactions contemplated hereby (the “ Closing ”) shall occur on the third business day after the satisfaction or waiver of all of the conditions to closing set forth in Sections 8 and 9 (other than those conditions that by their nature are satisfied at the Closing), including the effectiveness of the Shareholder Approval; or at such other time and date to be agreed between the Company and the Investors purchasing a majority of the Securities (such date and time of delivery and payment for the Securities being herein called, the “ Closing Date ”).

assistant: Closings
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: Employer may terminate this Agreement and Executive’s employment hereunder for Cause (as defined in Section 9.3 below) in accordance with the terms and conditions of this Section 9 . Following a determination by Employer that Executive should be terminated for Cause, Employer shall give written notice (the “Preliminary Notice”) to Executive specifying the grounds for such termination, and Executive shall have ten (10) days after receipt of the Preliminary Notice to attempt to cure any acts or omissions giving rise to Cause, if applicable, and/or to respond to Employer in writing. If following the expiration of such ten (10) day period Employer reaffirms its determination that Executive should be terminated for Cause, such termination shall be effective upon delivery by Employer to Executive of a final notice of 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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed and delivered in counterparts, including (without limitation) by means of facsimile transmission, email, PDF or other digital means, each of which shall constitute an original and all of which together shall constitute one and the same document.

assistant: Counterparts