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: This Agreement may be terminated in the absolute discretion of JPMorgan, by notice to the Company, if after the execution and delivery of this Agreement and on or prior to the Closing Date (i) trading generally shall have been suspended or materially limited on the New York Stock Exchange or The NASDAQ Stock Market or the over-the-counter market; (ii) trading of any securities issued or guaranteed by the Company or any of the Guarantors shall have been suspended on any exchange or in any over-the-counter market; (iii) a general moratorium on commercial banking activities shall have been declared by federal or New York State authorities; or (iv) there shall have occurred any outbreak or escalation of hostilities or any change in financial markets or any calamity or crisis, either within or outside the United States, that, in the judgment of JPMorgan, is material and adverse and makes it impracticable or inadvisable to proceed with the offering, sale or delivery of the Securities on the terms and in the manner contemplated by this Agreement, the Time of Sale Information and the Offering Memorandum.

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: had been waived. We do not reach these issues, and hence express no opinion. Nor do we consider the effect of Abbadini’s refusal to agree to waive any privilege. 2 . We also reject the argument, fairly implicit in the Hospital’s main brief and made explicit in its reply brief, that functus officio is a doctrine that in no way constrains the arbitrator, but merely constrains the judiciary. See Reply Br. at 6 (arguing that court, in remanding for clarification, is "powerless to command” that an arbitrator may not revisit the merits). To the contrary, if an arbitrator upon remand enters an award that does, in fact, reexamine tire merits, on application for confirmation or enforcement, such a result would be unenforceable under functus officio principles. See Colonial Penn 943 F.2d at 333 Options: A. holding that an award of back pay is an issue for the court B. holding that the district court erred in confirming an award that was entered in derogation of the functus officio doctrine C. holding that the record supported the district courts award of damages D. holding that district court erred in dismissing the indictment based on sufficiency of evidence E. recognizing discretion of district court in determining a fee award

assistant: The best answer is B. holding that the district court erred in confirming an award that was entered in derogation of the functus officio doctrine
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: 268 (5th Cir.2002). 26 . Id. 27 . Harris v. Forklift Systems, Inc. 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993) (quoting Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57, 65, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986)). 28 . Harris, 510 U.S. at 21, 114 S.Ct. 367. 29 . Lauderdale v. Tex. Dep't of Criminal Justice, 512 F.3d 157, 163 (5th Cir.2007) (quoting Faragher v. City of Boca Raton, 524 U.S. 775, 788, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998)). 30 . Insofar as GEICO argues that the district court erred in reaching the merits of White's claims without first finding the claims timely and properly exhausted, GEICO is incorrect. See, e.g., Goring v. Bd. of Supervisors of La. State Univ. & Agric. & Mech. College, 414 Fed.Appx. 630, 633 n. 4 (5th Cir.2011) (unpublish 66 (7th Cir.1991) (<HOLDING>); Spriggs v. Diamond Auto Glass, 242 F.3d 179, Options: A. holding that the plaintiff survived summary judgment where the plaintiff was subjected to nigger jokes for a tenyear period and the plaintiffs workstation was adorned with a humansized dummy with a black head B. holding that the white defendants association with a black defendant was not sufficient to give them standing to join in the black defendants batson challenge C. holding that employer is entitled to summary judgment where plaintiff fails to provide evidence necessary to prove at trial that there is disproportionate impact of employers policy on black employees D. holding that the ada plaintiff was unable to perform essential functions of job when the plaintiffs psychotherapist had told the employer that the plaintiff was unable to work in any position when the plaintiff did not disagree with that point and when the plaintiff in response to a request for admission conceded that she was no longer able to work E. holding that a hostile work environment claim survived summary judgment where evidence demonstrated years of inflammatory racial epithets including nigger and little black monkey

assistant: The best answer is A. holding that the plaintiff survived summary judgment where the plaintiff was subjected to nigger jokes for a tenyear period and the plaintiffs workstation was adorned with a humansized dummy with a black head
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: he had set up the drug buy for Peterson, but was not present at the scene. Still later, he admitted to police that he was at the scene and “made the deal,” but that an accomplice started shooting at Zemke’s car when it took off. Manuel was charged with second-degree (felony) murder and armed criminal action, and was convicted as charged. He was sentenced to concurrent terms of twenty years for murder and five years for armed criminal action. Manuel filed this timely appeal. Analysis Manuel raises two points on appeal. First, Manuel seeks plain error review of a claim that the verdict director for felony murder was legally erroneous because it failed to tender each of the essenti ruction for plain error pursuant to Rule 30.20. State v. Wurtzberger, 40 S.W.3d 893, 897-98 (Mo. banc 2001) (<HOLDING>). Instructional error seldom rises to the level Options: A. holding that the failure to object to an instruction constitutes a waiver of error B. holding that a party waived an allegation that an instruction was erroneous where the party failed to object at trial to the instruction on those grounds C. holding that neither failure to object to an instruction nor an express statement of no objection to an instruction waive plain error review pursuant to rule 3020 D. holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given E. holding that the failure to object to a trial courts instruction constitutes waiver

assistant: The best answer is C. holding that neither failure to object to an instruction nor an express statement of no objection to an instruction waive plain error review pursuant to rule 3020
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 provision of this Guaranty may be waived, amended, supplemented or modified, except by a written instrument executed by Administrative Agent and each Guarantor. No failure by Administrative Agent to exercise, and no delay in exercising, any right, remedy or power hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy or power hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies herein provided are cumulative and not exclusive of any remedies provided by law or in equity. The unenforceability or invalidity of any provision of this Guaranty shall not affect the enforceability or validity of any other provision herein. Unless otherwise agreed by Administrative Agent and each Guarantor in writing, this Guaranty is not intended to supersede or otherwise affect any other guaranty now or hereafter given by any Guarantor for the benefit of Administrative Agent or any term or provision thereof.

assistant: Miscellaneous
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: affirm without comment the court’s denial of Rubio’s motions to dismiss. We remand, however, for vacatur of the conviction and sentence on Count 3 on double jeopardy grounds. Although Ru-bio did not'argue in the trial court that the charge of unlawfully using a two-way communications device should have been subsumed within the charge of traveling to meet a- minor, a double jeopardy violation constitutes a fundamental error that we may address for the first time on appeal. See Mizner v. State, 154 So.3d 391, 399 (Fla. 2d DCA 2014). And, because the amended information charged Rubio with committing both of those offenses within the same time period, i.e., “on or between June 9, 2013[,] and June 11, 2013,” our precedent dictates that we find such a violation in this case. See id. at 400 (<HOLDING>). But see Lee v. State, 223 So.3d 342, 353 Options: A. holding that the offense of unlawful use of a twoway communications device does not contain any elements that are distinct from the offense of traveling to meet a minor B. recognizing the specific need for an appropriate double jeopardy review when an appeal is taken by the state from a lower courts dismissal of the criminal charges C. holding that for conduct arising out of the same criminal episode the elements for the offense of unlawful use of a twoway communications device are subsumed within the soliciting and traveling offenses D. holding that easements using terms telephone telegraph and communications could properly be utilized for both internal communications and for thirdparty voice and data communications E. holding that when state charges defendant with both unlawfully using twoway communications device and traveling during same time period state charges single criminal episode regardless of whether evidence could support finding of separate criminal episodes and double jeopardy considerations require that communications charge be subsumed within traveling charge

assistant: The best answer is E. holding that when state charges defendant with both unlawfully using twoway communications device and traveling during same time period state charges single criminal episode regardless of whether evidence could support finding of separate criminal episodes and double jeopardy considerations require that communications charge be subsumed within traveling charge
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: death because “[tjhere must be some line of demarcation” between conduct sufficient to satisfy a conviction fox-bank robbery and conduct that would warrant the threat-of-death enhancement. The assertion is that reading § 2B3.1(b)(2)(F) to encompass the statement “I have a gun” would cause the enhancement to be applied to “every conceivable circumstance” covered by § 2113(a), thereby making it part of the base offense level. This argument is unavailing for a number of reasons. First, it fails to account for the fact that § 2B3.1(b)(2)(F) applies to various robbery, extortion, and blackmail offenses and not simply the bank-robbery offense for which Jennings was indicted. See U.S.S.G. § 2B3.1. Even if Jennings’s offense conduct was determined to be coterminous with the enhance h Cir.1980) (<HOLDING>). It takes no stretch of the imagination to Options: A. holding that evidence of threats or intimidation of a witness is admissible under rule 404b to show consciousness of guilt B. holding that defendants act of threatening bank customers who otherwise simply watched defendants rob the bank constituted aggravated menacing rather than robbery C. holding that incidents of harassment and unfulfilled threats of injury are not persecution absent physical harm D. holding that defendant concealed fact of his crime of child molesting where daughters never disclosed molestation to authorities because of defendants threats of bodily harm and death E. holding that bank robbery by intimidation can be committed without express threats of bodily harm threatening body motions or the physical possibility of concealed weapons

assistant: The best answer is E. holding that bank robbery by intimidation can be committed without express threats of bodily harm threatening body motions or the physical possibility of concealed weapons
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 terminated earlier pursuant to this ARTICLE 10, the term of this Agreement shall commence on the Effective Date and shall continue in full force and effect until (i) the end of the R&D Term, if Allergan is not Developing at least one Licensed Compound or Licensed Product as of such date or, (ii) if Allergan is Developing at least one (1) Licensed Compound or Licensed Product as of the end of the R&D Term, then, as determined on a Licensed Product-by-Licensed Product and country-by-country basis, until the expiration of the Royalty Term for such Licensed Product in such country (the “ Term ”). Upon expiration of the Royalty Term, on a Licensed Product-by-Licensed Product, Permitted Indication-by-Permitted Indication and country-by-country basis, the license granted to Allergan pursuant to Section 2.1 shall become worldwide, fully paid, irrevocable and perpetual. Notwithstanding anything herein to the contrary, Sections 10.1, 10.7, 10.9, 10.10, 10.11, 10.12 and ARTICLE 13 shall become effective on the Execution Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All rent under this Sublease shall be paid without deduction or setoff of any kind, except as otherwise provided in this Sublease or the Lease, at the address of Sublandlord set forth above or to such other address as Sublandlord may designate in writing to Subtenant. Rent for any partial calendar month shall be prorated based on a thirty-day month.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you are responsible for maintaining the accuracy , completeness and confidentiality of your basic subscriber information , and you will be responsible for all activities that occur under your account , including activities of others to whom you have provided your basic subscriber information .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the company , its affiliates , and their respective officers , directors , employees , agents , suppliers and licensors ( collectively , the `` company parties '' ) make no warranties or representations about the service and any content ( including gifts ) available on the service , including but not limited , to the accuracy , reliability , completeness appropriateness , timeliness or reliability thereof .

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: Except as set forth in the Company SEC Documents, there is no action, suit, proceeding nor investigation pending or, to the Company’s knowledge, currently threatened against the Company or any of its subsidiaries that (a) if adversely determined would reasonably be expected to adversely effect the business, condition, prospects, capitalization, assets, liabilities, operations or financial performance of the Company or its subsidiaries or (b) would be required to be disclosed in the Company’s Annual Report on Form 10-K under the requirements of Item 103 of Regulation S-K. The foregoing includes, without limitation, any action, suit, proceeding or investigation, pending or threatened, that questions the validity of this Agreement or the right of the Company to enter into such Agreement and perform its obligations hereunder. Neither the Company nor any subsidiary is subject to any injunction, judgment, decree or order of any court, regulatory body, arbitral panel, administrative agency or other government body.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the termination proceedings. The juvenile court held an evidentiary hearing on September 29, 2009, and terminated Rayne’s parental rights to C.A.V. on November 5, 2009. Rayne now appeals. II. Scope and Standards of Review We review de novo termination proceedings under chapter 600A. In re R.K.B., 572 N.W.2d 600, 601 (Iowa 1998). We accord weight to the factual findings of the juvenile court, especially those regarding witness credibility, but we are not bound by them. Id. To the extent Rayne’s claims of error rest upon statutory interpretation, our review is for correction of errors of law. In re R.E.K.F., 698 N.W.2d 147, 149 (Iowa 2005). The paramount concern in termination proceedings is the best interest of the child. Iowa Code § 600A.1; see In re P.L., 778 N.W.2d 33, 39 (Iowa 2010) (<HOLDING>). The provisions of the Iowa ICWA are to be Options: A. holding that requiring a petitioner to establish by clear and convincing evidence that visitation is in the best interests of the child would provide effective protection for a parents choice except where the choice is plainly contrary to a childs best interests B. recognizing that context under the pge analysis includes the preexisting common law and statutory framework within which the law was enacted C. holding that an official has defrauded the public of his services if he secretly makes an official decision based on his own personal interests rather than the best interests of his constituents D. holding that a modification of custody should not be based on one parents default because it is the childs best interests that are at stake E. holding best interests are to be determined within statutory framework and not upon judges own perceptions

assistant: The best answer is E. holding best interests are to be determined within statutory framework and not upon judges own perceptions
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 by one or more of the parties to this Agreement on any number of separate counterparts (including by facsimile or other electronic transmission (i.e. a “pdf” or a “tif” file)), and all of said counterparts taken together shall be deemed to constitute one and the same instrument. A set of copies of this Agreement signed by all of the parties shall be lodged with the Collateral Agent and the Borrower.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In consideration of Executive’s full and faithful satisfaction of Executive’s duties under this Agreement, the Company agrees to pay to Executive a salary in the amount of two hundred thousand dollars ($200,000) per annum (the “Base Salary”), payable in accordance with the current regular payroll practices of the Company. This means that Executive will be paid his base salary on a semimonthly basis on the 15th (the “First Payday”) and the last day of each month (the “Second Payday”). If the First Payday falls on a holiday or a day outside the regular workweek, then Executive will be paid on the business day immediately prior to the First Payday, and if the Second Payday falls on a holiday or a day outside the regular workweek, then Executive will be paid on the business day immediately prior to the Second Payday. The Company reserves the right to modify its payroll practices and payroll schedule at its sole discretion. The Base Salary shall be reviewed on an annual basis by the Board and adjusted at the Board’s sole discretion; provided, however, in no event shall the Base Salary be reduced without Executive’s approval.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the agency how to fulfill its obligation when the means of fulfilling that obligation are within the agency’s discretion. In re Hamil (1982), 69 Ohio St.2d 97, 104, 23 O.O.3d 151, 431 N.E.2d 317 (stating that “[t]he courts in making decisions must keep the problems with which they deal in perspective” and “[t]he division of power as granted by the Constitution to the three branches of government must be kept in mind at all times”). {¶ 22} While FCCS has a duty to provide for the care and placement of children in its custody or protective supervision, how FCCS carries out its statutory obligations is an administrative decision based upon the child’s needs and the budgetary confines within which the agency must operate. See In re Parker (1982), 7 Ohio App.3d 38, 7 OBR 41, 453 N.E.2d 1285 (<HOLDING>). To interpret R.C. 2152.19 as broadly as the Options: A. holding that because the department of revenue is subordinate to the board of tax review in the decision making process the department is not an adversely affected or aggrieved party having standing to petition for judicial review of the boards order reversing a decision of the department B. holding that the trial court abused its discretion in ordering temporary alimony that exceeded the husbands ability to pay C. holding that the trial court exceeded its power in ordering the department of mental retardation and developmental disabilities to provide daycare services when those services were being eliminated because of staff reductions because ordering the department to implement specific facilities and programs is beyond the judicial function and exceeds the power of the courts D. holding that the states department of social services and a county prosecutor were in privity and satisfied the identity of the party requirement E. holding section 10b of the mental health and developmental disabilities confidentiality act unconstitutional as an attempt by the legislature to usurp the power of the judiciary

assistant: The best answer is C. holding that the trial court exceeded its power in ordering the department of mental retardation and developmental disabilities to provide daycare services when those services were being eliminated because of staff reductions because ordering the department to implement specific facilities and programs is beyond the judicial function and exceeds the power of the courts
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 and until the Discharge of Senior Obligations has occurred, the Designated Senior Representative and the Senior Secured Parties shall have the sole and exclusive right, subject to the rights of the Grantors under the Senior Debt Documents, (a) to be named as additional insured and loss payee under any insurance policies maintained from time to time by any Grantor, (b) to adjust settlement for any insurance policy covering the Shared Collateral in the event of any loss thereunder and (c) to approve any award granted in any condemnation or similar proceeding affecting the Shared Collateral. Unless and until the Discharge of Senior Obligations has occurred, all proceeds of any such policy and any such award, if in respect of the Shared Collateral, shall be paid (i) first, prior to the occurrence of the Discharge of Senior Obligations, to the Designated Senior Representative for the benefit of Senior Secured Parties pursuant to the terms of the Senior Debt Documents, (ii) second, after the occurrence of the Discharge of Senior Obligations, to the Designated Second Priority Representative for the benefit of the Second Priority Debt Parties pursuant to the terms of the applicable Second Priority Debt Documents and (iii) third, if no Second Priority Debt Obligations are outstanding, to the owner of the subject property, such other Person as may be entitled thereto or as a court of competent jurisdiction may otherwise direct. If any Second Priority Representative or any Second Priority Debt Party shall, at any time, receive any proceeds of any such insurance policy or any such award in contravention of this Agreement, it shall pay such proceeds over to the Designated Senior Representative in accordance with the terms of Section 4.2 .

assistant: Insurances
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: proceeding, see DelMonico, 116 So.3d at 1213-14, 1217-20, we decline to reach the qualified immunity issue because it was not raised below. See AGM Invs., LLC, 219 So.3d at 927 n.5. Accordingly, we reverse the trial court’s order granting summary judgment on count one and remand for further proceedings. In all other respects, we affirm. AFFIRMED, in part; REVERSED, in part; and REMANDED. ORFINGER and WALLIS, JJ., concur. 1 . See Perl v. Omni Int'l of Miami, Ltd., 439 So.2d 316, 317 (Fla. 3d DCA 1983) (concluding that fraud count in complaint based on earlier unemployment compensation case was barred by litigation privilege (citing Robertson v. Indus. Ins. Co., 75 So.2d 198, 199 (Fla. 1954))). 2 . See LatAm Invs., LLC v. Holland & Knight, LLP, 88 So.3d 240, 242-43 (Fla. 3d DCA 2011) (<HOLDING>). Although count three is actually a claim for Options: A. holding that a judgment as to the title in a prior litigation was not subject to collateral attack B. holding that an escrow agent and title insurer may have voluntarily assumed a duty to advise the buyers on their potential legal liability for subcontractors liens on the property in addition to the defendants ordinary contractual and professional duties as an escrow agent and title insurer C. holding litigation privilege applied to action for abuse of process citing am natl title escrow of fla v guar title tr co 748 so2d 1054 1055 fla 4th dca 2000 D. recognizing that most other courts apply title vii principles to title ix cases but refusing to apply title viis knew or should have known standard to a title ix claim E. holding that void deed is neither title nor color of title

assistant: The best answer is C. holding litigation privilege applied to action for abuse of process citing am natl title escrow of fla v guar title tr co 748 so2d 1054 1055 fla 4th dca 2000
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: by continuing to access or use the site or services after we have posted a modification on the site or have provided you with notice of a modification , you are indicating that you agree to be bound by the modified terms .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of jointly undertaken activity. The defendants’ argument fails because neither the Sentencing Commission’s 1992 revisions to § 1B1.3 nor our interpretation of § 1B1.3 in Ortiz constitutes intervening controlling authority that is “clearly irreconcilable” with Banuelos. See Miller v. Gammie, 335 F.3d 889, 900 (9th Cir. 2003) (en banc). Revisions to the Guidelines do not themselves constitute intervening controlling authority, because the Guidelines do not affect our interpretation of a statute such as § 841. “While in some cases the sentencing guidelines may be instructive in interpreting a federal statute, nothing in the guidelines requires us to apply guideline definitions in construing a federal sentencing statute.” United States v. Liquori, 5 F.3d 435, 438 (9th Cir. 1993) (<HOLDING>). Indeed, Banuelos itself followed Becerra’s Options: A. holding where the statutory minimum sentence exceeds the guidelines sentence a substantialassistance downward departure begins at the mandatory minimum sentence B. holding that purported calculation error in mandatory minimum was harmless because challenged sentence was 60 months longer than presumed minimum and was imposed according to guidelines without reference to statutory minimum C. holding that the guidelines definition of consolidated offenses was not applicable to a statutory minimum sentence imposed under 841 D. holding that consolidated sen tence or consolidated judgment under north carolina law is single sentence for guidelines purposes E. holding that a sentence below a statutory minimum based on the filing of a substantial assistance motion did not eliminate the otherwise applicable mandatory minimum for purposes of sentence modification under 3582c2

assistant: The best answer is C. holding that the guidelines definition of consolidated offenses was not applicable to a statutory minimum sentence imposed under 841
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: LOGGENBERG hereby acknowledges that he agrees to submit all claims against THE COMPANIES (including but not limited to statutory and common law employment or tort claims, claims for breach of this agreement, or any other claims against THE COMPANIES) to binding arbitration with the American Arbitration Association. LOGGENBERG hereby waives his right to a jury trial FOR any dispute described herein.

assistant: Arbitration
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: Effective as of the Cancellation Date, the Optionholder, for the Optionholder and the Optionholder’s successors and assigns forever, does hereby unconditionally and irrevocably compromise, settle, remise, acquit and fully and forever release and discharge the Company and its respective successors, assigns, parents, divisions, subsidiaries, and affiliates, and its present and former officers, directors, employees and agents (collectively, the “ Released Parties ”) from any and all claims, counterclaims, set-offs, debts, demands, choses in action, obligations, remedies, suits, damages and liabilities in connection with any rights to acquire securities of the Company pursuant to the Cancelled Option and the shares of Common Stock of the Company issuable thereunder (collectively, the “ Releaser’s Claims ”), whether now known or unknown or suspected or claimed, whether arising under common law, in equity or under statute, which the Optionholder or the Optionholder’s successors or assigns ever had, now have, or in the future may claim to have against the Released Parties and which may have arisen at any time on or prior to the date hereof; provided that this Section 1.3 shall not apply to any of the obligations or liabilities of the Released Parties arising under or in connection with this Agreement. The Optionholder covenants and agrees never to commence, voluntarily aid in any way, prosecute or cause to be commenced or prosecuted against the Released Parties any action or other proceeding based on any of the released Releaser’s Claims which may have arisen at any time on or prior to the date hereof.

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 execution, delivery and performance of this Agreement, the Offered Units by the Company and the consummation by the Company of the transactions contemplated hereby and thereby will not (i) conflict with or result in a violation of any provision of the Certificate of Incorporation or By-laws, or (ii) violate or conflict with, or result in a breach of any provision of, or constitute a default (or an event which with notice or lapse of time or both could become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, indenture, patent, patent license or instrument to which the Company or any of its Subsidiaries is a party, or (iii) result in a violation of any law, rule, regulation, order, judgment or decree (including federal and state securities laws and regulations and regulations of any self-regulatory organizations to which the Company or its securities are subject) applicable to the Company or any of its Subsidiaries or by which any property or asset of the Company or any of its Subsidiaries is bound or affected (except for such conflicts, defaults, terminations, amendments, accelerations, cancellations and violations as would not, individually or in the aggregate, have a Material Adverse Effect). There are no required consents, authorizations or orders of, or filings or registrations with, any court, governmental agency, regulatory agency, self regulatory organization or stock market or any third party in order for it to execute, deliver or perform any of its obligations under this Agreement, to issue the Offered Units. All consents, authorizations, orders, filings and registrations which the Company is required to obtain pursuant to the preceding sentence have been obtained or effected on or prior to the date hereof.

assistant: No Conflicts
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 Administrative Agent, the Collateral Agent, the Lenders and the L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its and its Affiliates’ respective partners, directors, officers, employees, agents, trustees, advisors and representatives (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 requested by any regulatory authority purporting to have jurisdiction over it 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, (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 11.07 , to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.13 or (ii) any actual or prospective counterparty (or its advisors) to any swap, derivative or similar transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (g) on a confidential basis to (i) any rating agency in connection with rating the Borrower or their Restricted Subsidiaries or the credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the credit facilities provided hereunder, (h) with the consent of the Borrower, (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section 11.07 or (y) becomes available to the Administrative Agent, the Collateral Agent, any Lender, any L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a source other than the Borrower or (j) to any credit insurance provider relating to the Borrower and its obligations. Nothing herein shall permit the disclosure of confidential Information regarding the Loan Parties or their Affiliates to any Disqualified Lender except to the extent required, directly or indirectly, by Law or compulsory legal process or any regulatory authority.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: any proof that the LLNL BSL-3 facility is more prone or attractive to terrorist theft and release of a pathogen by an outsider than any other BSL-3 facility. To the contrary, the record reveals that LLNL is actually one of the most heavily guarded federal facilities, in contrast to hundreds of relatively unguarded BSL-3 facilities nationwide. Given that there are more than 1,300 other BSL-3 facilities nationwide, many of which lack the safeguards of LLNL’s BSL-3 facility, and further, given that many of the BSL-3 pathogens also exist in the natural environment, DOE reasonably concluded that the construction of a BSL-3 facility at LLNL did not change the status quo, and therefore found no significant impact. See Burbank Anti-Noise Group v. Goldschmidt, 623 F.2d 115, 116 (9th Cir.1980) (<HOLDING>). Accordingly, we find that the DOE reasonably Options: A. holding that the stay put provision establishes a strong preference but not a statutory duty for maintenance of the status quo B. holding that a claim regarding postdischarge conduct that does not impact the bankruptcy estate in any way does not fall under title lls jurisdictional umbrella C. holding that the explicit status quo provisions together with 2 first form an integrated harmonious scheme for preserving the status quo from the beginning of the major dispute through the final 30day coolingoff period D. holding that where a proposed project does not alter the status quo then it does not have a significant impact E. holding that filing an answer does not invoke the status as a defendant in plaintiffs lawsuit

assistant: The best answer is D. holding that where a proposed project does not alter the status quo then it does not have a significant impact
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 Plan is in compliance in all material respects with, and has been administered in compliance in all material respects with, the applicable provisions of ERISA and the Code. Neither Borrower nor any of its Subsidiaries maintains a Multiemployer Plan. No ERISA Event (i) has occurred within the five year period prior to the date of this Agreement, (ii) has occurred and is continuing, or (iii) to the knowledge of the Borrower, is reasonably expected to occur with respect to any Plan, in each case under clauses (i) through (iii) above except to the extent the same, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by electronic or facsimile transmission shall be as effective as delivery of a manually signed counterpart of this Agreement.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the american arbitration association ( aaa ) will run the arbitration between you and zynga or the zynga corporate family member , and aaa 's then-current rules and procedures ( including their supplementary procedures for consumer-related disputes ) will be used .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: subject to these terms and to the extent permitted by law , our maximum aggregate liability to you arising out of or in connection with these terms or your access to , use of , or inability to access or use , the skyscanner services and/or skyscanner platforms shall be limited to the sum of # 100 ( one hundred pounds sterling ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and the Subsidiaries have, or have rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, trade secrets, inventions, copyrights, licenses and other intellectual property rights and similar rights as necessary or required for use in connection with their respective businesses as presently conducted and which the failure to so have could have a Material Adverse Effect (collectively, the “ Intellectual Property Rights ”). Neither the Company nor any Subsidiary has received a notice (written or otherwise) that any of the Intellectual Property Rights has expired, terminated or been abandoned, or is expected to expire or terminate or be abandoned, within two (2) years from the date of this Agreement. Neither the Company nor any Subsidiary has received, since the date of the latest audited financial statements included within the SEC Reports, a written notice of a claim or otherwise has any knowledge that the Intellectual Property Rights violate or infringe upon the rights of any Person, except as could not have or could not reasonably be expected to have a Material Adverse Effect. To the knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights except as disclosed in Schedule 3.1(q) . The Company and its Subsidiaries have taken reasonable security measures to protect the secrecy, confidentiality and value of all of their intellectual properties, except where failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. All Material Agreements not entered into in the ordinary course of business have been filed with the Commission.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement of the parties relating to the transactions contemplated hereby, and supersedes all provisions and concepts contained in all prior contracts or agreements between the Participant and Valero, including that certain Change of Control Severance Agreement (“ COC Agreement ”) between Participant and Valero. For avoidance of doubt, Participant acknowledges that in the context of a Change of Control of Valero, the terms of this Agreement shall prevail over the terms of the COC Agreement with respect to the vesting of the Performance Shares granted under this Agreement.

assistant: Integration
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: financial needs. See, e.g., In re Nolan, Civ. No. 10-2589, 2010 WL 3926870, *4, 2010 U.S. Dist. LEXIS 105172, *12 (D.Minn. Oct. 1, 2010) (stressing that “financial disparity between parties ... is not present here”); In re Lopez, 405 B.R. 382, 385 (Bankr.S.D.Fla.2009) (noting that state court order expressly stated it was “not based upon the respective wages or ability of the parties to pay”) (emphasis removed); In re Brossoit, No. 07-42589-EDJ-7, 2009 WL 4269439, *3, 2009 Bankr.LEXIS 4617, *9 (Bankr.N.D.Cal. Nov. 25, 2009) (finding no indication that fees award was in the nature of support because “the record herein does not include any detailed information regarding the respective incomes or financial positions of’ the couple); see also In re Rios, 901 F.2d 71, 72 (7th Cir.1990) (<HOLDING>). In this instance, the state courts’ lengthy Options: A. holding that appellate attorneys fees were incurred during the divorce proceedings and were awardable by the trial judge B. holding that fees incurred by debtor were not in the nature of support C. holding confirmation vested property in the debtor and therefore properly of the estate was not liable for postconfirmation taxes incurred by debtor D. holding that attorneys fees incurred in a custody action were nondischargeable under 523a5 E. holding that by choosing the words any actual expenses including attorneys fees incurred congress did not intend to remove the discretion of the district court to award fees in cases such as contingent fee or pro bono cases where the client has not actually incurred the obligation to pay her attorneys fees

assistant: The best answer is B. holding that fees incurred by debtor were not in the nature of support