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 notices and other communications given or made pursuant to this Note shall be in writing and shall be deemed effectively given: (a) upon personal delivery to the Party to be notified, (b) two (2) days after having been sent by registered or certified mail, return receipt requested, postage prepaid, or (c) upon receipt after deposit with a nationally recognized overnight courier, specifying next day delivery, with written verification of receipt. All communications shall be sent to the Holder at the address set forth above, or to the Obligor in accordance with Section 9.4 of the Purchase Agreement, or to such address as may be subsequently provided by a Party by written notice to the other Party given in accordance with this Paragraph ‎14 .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you are a resident outside of the united states , you agree that all disputes between you and supercell shall be governed by the laws of finland , without regard to conflict of law provisions .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon, and inure to the benefit of, the Parties and their respective successors, assigns, heirs, executors, administrators and representatives. No rights or obligations of any Party under this Agreement may be assigned or transferred to any other person or entity except as otherwise expressly provided herein. Nothing in this Agreement, express or implied, shall give to any person or entity, other than the Parties (and those permitted assigns under Section 4.07), any benefit or any legal or equitable right, remedy or claim under this Agreement.

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: be a functioning handgun but was, in fact, a dismantled pellet gun. Orr’s argument rests on the purported contradiction between the definition of objects that appear to be but are not “dangerous weapons” in § 1B1.1 and in § 3B3.1. A pellet gun, while not a firearm, is by definition a “dangerous weapon.” § 1B1.1, Commentary, Application Note 1(e) (2001). Orr concedes that the dismantled pellet gun appeared to be a “dangerous weapon,” but contends that because it was dismantled, it was not so in fact. But a dismantled pellet gun is a dangerous weapon in its own right. In this connection, the government argues that even the frame of the pellet gun could inflict serious injury if wielded as a weapon. See McLaughlin v. United States, 476 U.S. 16, 17-18, 106 S.Ct. 1677, 90 L.Ed.2d 15 (1986) (<HOLDING>). We agree and hold that a dismantled pellet Options: A. holding that because defendant possessed a screwdriver during the bank robbery and a screwdriver is properly classified as a dangerous weapon the district court did not err by applying the enhancement to him regarding ussg 2b31b2e which applies if a dangerous weapon was brandished displayed or possessed B. holding that escape driver with no prior knowledge that robbery would be armed is aider and abettor of aimed bank robbery if he knowingly and willfully joins in the escape phase of an armed bank robbery knowing that an accomplice has a gun C. holding that an unloaded gun used in the commission of an aggravated assault is a deadly weapon D. holding that an unloaded gun was a dangerous weapon within the meaning of the federal bank robbery statute partly due to potential harm when used as a bludgeon E. holding that mere possession of a dangerous weapon is insufficient to support a charge of robbery with a dangerous weapon

assistant: The best answer is D. holding that an unloaded gun was a dangerous weapon within the meaning of the federal bank robbery statute partly due to potential harm when used as a bludgeon
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 understanding between the Parties concerning the subject matter hereof and supersedes any prior agreement or letter of intent between the Parties. No other representations, inducements, promises or agreements between the Parties, relating to the subject matter hereof and not embodied in this Agreement are of any force or effect.

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: No Borrower will, without Agent’s consent, compromise or adjust any Receivables (or extend the time for payment thereof) or accept any returns of merchandise or grant any additional discounts, allowances or credits thereon except for those compromises, adjustments, returns, discounts, credits and allowances as have been heretofore customary in the business of such Borrower.

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 case excerpt and choose the best holding from the options. Case excerpt: on Davies’ credibility and the weight to be given his trial testimony by the trial court. As this court very recently noted: [I]n order to controvert the Director’s case for revocation for a refusal, pursuant to § 577.041, requiring us to defer to the trial court with respect to its conclusions and its resolution of factual issues, including credibility determinations, the driver need only present evidence that is inconsistent with a reasonable belief of the arresting officer that the driver was DWI. There does not have to be evi dence controverting each and every indi-cia of intoxication on which the Director has introduced evidence in support of a finding of probable cause. Flaiz, 182 S.W.3d at 251. See also Howdeshell v. Dir. of Revenue, 184 S.W.3d 193, 199 (Mo.App. S.D.2006) (<HOLDING>). The Director argues that the situation here Options: A. holding due process required an opportunity for crossexamination when the decision depended on the credibility of individual witness testimony B. holding that it was permissible for the state to test the credibility of appellants trial testimony by crossexamination C. holding that the jury is the judge of the weight and credibility given to witness testimony D. holding that a legitimate factual dispute or credibility determination is presented by the crossexamination of a witness for the director which raises a legitimate credibility dilemma with respect to a material aspect of the directors case E. holding that it is improper to ask a witness to comment on the credibility of another witness

assistant: The best answer is D. holding that a legitimate factual dispute or credibility determination is presented by the crossexamination of a witness for the director which raises a legitimate credibility dilemma with respect to a material aspect of the directors case
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 loans made pursuant to the Revolving Credit Facility (the “ Revolving Loans ” and together with the Term Loans, the “ Loans ”) may be used for working capital and general corporate purposes, including to fund any original issue discount or fees imposed pursuant to the market flex provisions of the Fee Letter.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: discussion of those issues in Section III, infra. 6 . Williams also has filed pro se petitions for mandamus and habeas corpus relief in the Circuit Court of Randolph County. Those petitions complain of different perceived injustices by HCC and its staff and are not related to the instant proceeding. 7 . The other petitioning inmates are Brett McCla-skie, Gregory Mitchell, Dwight Warren, and John Thacker. See supra note 1. 8 . See supra note 2. 9 . Class I offenses are defined as "(t]hose rule violations that threaten life or limb, which seriously breach facility security and/or public safety or which are felonies.” West Virginia Division of Corrections Policy Directive No. 325.00, § V.A.l (July 1, 2001). See also Crain v. Bordenkircher, 176 W.Va. 338, 346-47, 342 S.E.2d 422, 431 (1986) Options: A. recognizing a narrow class of cases in which the termination of the class representatives claim for relief does not moot the claims of the class members B. holding that to maintain a class action the existence of the class must be pleaded and the limits of the class must be defined with some specificity C. recognizing class i to be the most severe category of disciplinary rule violations D. recognizing rule E. recognizing cause of action by class member against class counsel for negligence in providing notice

assistant: The best answer is C. recognizing class i to be the most severe category of disciplinary rule violations
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 agree that failure of any party to perform its agreements and covenants hereunder, including a party’s failure to take all actions as are necessary on such party’s part in accordance with the terms and conditions of this Agreement to consummate the transactions contemplated hereby, will cause irreparable injury to the other party, for which monetary damages, even if available, will not be an adequate remedy . It is agreed that the parties shall be entitled to equitable relief including injunctive relief and specific performance of the terms hereof, without the requirement of posting a bond or other security, and each party hereby consents to the issuance of injunctive relief by any court of competent jurisdiction to compel performance of a party’s obligations and to the granting by any court of the remedy of specific performance of such party’s obligations hereunder, this being in addition to any other remedies to which the parties are entitled at law or equity.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as stated on Schedule 6.7 , there are no actions, suits, proceedings or investigations of any kind pending or to the knowledge of the Borrower threatened in writing against Borrower, any Guarantor or any of their respective Subsidiaries before any court, tribunal, arbitrator, mediator or administrative agency or board which question the validity of this Agreement or any of the other Loan Documents, any action taken or to be taken pursuant hereto or thereto, or which could reasonably be expected to have a Material Adverse Effect. Except as set forth on Schedule 6.7 , as of the Closing Date, there are no judgments, final orders or awards outstanding against or affecting Borrower, any Guarantor or any of their respective Subsidiaries or any Unencumbered Property individually or in the aggregate in excess of $1,000,000.00.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: your display and distribution of distribution content may also be subject to other terms and conditions that are set forth in the description of such content in the products , such as display and distribution of distribution content only within specified usage dates .

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: that while only “legal provocation” can give rise to perfect or imperfect self defense, lesser forms of provocation exist that may negate premeditation and deliberation and thereby reduce first-degree murder to second-degree murder. See State v. Watson, 338 N.C. 168, 177, 449 S.E.2d 694, 700 (stating that “words or conduct . . . may be enough to arouse a sudden and sufficient passion in the perpetrator to negate deliberation and reduce a homicide to murder in the second degree”), reconsideration and stay of mandate denied, 338 N.C. 623, 457 S.E.2d 302 (1994), and cert. denied, 514 U.S. 1071, 131 L. Ed. 2d 569 (1995); Sta ing second-degree murder is a general intent crime and, therefore, attempted second-degree murder exists); Fenstermaker v. State, 912 P.2d 653 (Idaho App. 1995) (<HOLDING>); People v. Lopez, 655 N.E.2d 864 (Ill. 1995) Options: A. holding no offense of attempted seconddegree murder where seconddegree murder defined only as unintentional but reckless killing of another under circumstances manifesting indifference to human life B. holding no offense of attempted seconddegree murder where statute allows conviction without proof of intent to kill C. holding no offense of attempted seconddegree murder where that crime is defined as an unpremeditated depravedheart offense D. holding offense of attempted seconddegree murder exists where there is evidence defendant intended to kill E. holding jury instruction on lesser included offense of attempted voluntary manslaughter by act which required finding of intent to kill constituted fundamental error and required reversal of defendants conviction for seconddegree murder

assistant: The best answer is D. holding offense of attempted seconddegree murder exists where there is evidence defendant intended to kill
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: On the Closing Date, upon the terms and subject to the conditions set forth herein, the Company agrees to sell, and the Purchasers, severally and not jointly, agree to purchase, up to an aggregate of $5.3 million of Shares and Warrants. Each Purchaser’s Subscription Amount as set forth on the signature page hereto executed by such Purchaser shall be made available for “Delivery Versus Payment” settlement with the Company or its designees. The Company shall deliver to each Purchaser its respective Shares and a Warrant as determined pursuant to Section 2.2(a), and the Company and each Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing. Upon satisfaction of the covenants and conditions set forth in Sections 2.2 and 2.3, the Closing shall occur at the offices of ZAG/S&W or such other location as the parties shall mutually agree. Unless otherwise directed by the Placement Agent, settlement of the Shares shall occur via “Delivery Versus Payment” (“ DVP ”) (i.e., on the Closing Date, the Company shall issue the Shares registered in the Purchasers’ names and addresses and released by the Transfer Agent directly to the account(s) at the Placement Agent identified by each Purchaser; upon receipt of such Shares, the Placement Agent shall promptly electronically deliver such Shares to the applicable Purchaser, and payment therefor shall be made by the Placement Agent (or its clearing firm) by wire transfer to the Company).

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 case excerpt and choose the best holding from the options. Case excerpt: Parker’s arguments to the contrary, a dismissal on statute of limitations grounds is a disposition on the merits. See Fed.R.Civ.P. 41(b) (“Unless the dismissal order states otherwise, any [involuntary] dismissal ...—except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19— operates as an adjudication on the merits.”); Plaut v. Spendthrift Farm, Inc., 514 U.S. 211, 228, 115 S.Ct. 1447, 131 L.Ed.2d 328 (1995) (“The rules of finality, both statutory and judge made, treat a dismissal on statute-of-limitations grounds the same way they treat a dismissal for failure to state a claim, for failure to prove substantive liability, or for failure to prosecute: as a judgment on the merits.”); Murphy v. Klein Tools, Inc., 935 F.2d 1127, 1128-29 (10th Cir.1991) (<HOLDING>). A district court does not have jurisdiction Options: A. holding that dismissal for failure to appear at a deposition is on the merits B. holding that a dismissal on statute of limitations grounds is an adjudication on the merits for purposes of res judicata C. holding that a dismissal on limitations grounds is a judgment on the merits D. holding that dismissal of case on statute of limitations grounds is final judgment and barring appeal has res judicata effect E. holding that a dismissal based on a jurisdictional statute of limitations does not constitute a judgmerit on the merits because a judgment on the merits can only be rendered after a court has jurisdiction

assistant: The best answer is C. holding that a dismissal on limitations grounds is a judgment on the merits
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Landlord and Tenant each represent and warrant to the other that this Amendment has been duly authorized, executed and delivered by and on behalf of each party hereto and constitutes the valid and binding agreement of Landlord and Tenant in accordance with the terms hereof. Tenant warrants and represents to Landlord that Tenant is not, and shall not become, a person or entity with whom Landlord is restricted from doing business with under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury (including, but not limited to, those named on OFAC’s Specially Designated and Blocked Persons list) or under any statute, executive order (including, but not limited to, the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action and is not and shall not engage in any dealings or transaction or be otherwise associated with such persons or entities.

assistant: Authority
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 performed legal services for the Lindseys and had given them no reason to believe their attorney-client relationship had terminated, Respondent was bound by Colo. RPC 1.8(a). 26 . The 2007 and 2008 versions of Colo. RPC 1.8(a) are similar but not identical. The 2008 version of Colo. RPC 1.8(a)(3) explicitly provides that the client must give written informed consent to the lawyer's role in the transaction, while the 2007 version of that subsection simply states that the client must consent in writing to a business transaction with the client's lawyer. In addition, the comments to the 2007 rule did not direct lawyers to discuss the material risks of loans with clients. 27 . Colo. RPC 1.8(a) (2008) emt. 1. 28 . See In re Conduct of Montgomery, 292 Or. 796, 643 P.2d 338, 341 (1982) (<HOLDING>). 29 . See In re Fisher, 202 P.3d 1186, 1203 Options: A. recognizing that a lawyer hired by a third person to represent a client should exercise judgment on behalf of the client independent from the interests of the third person B. holding that each individual member of an unincorporated association is a client of the associations lawyer C. holding trial court erred when it sanctioned client where the evidence showed that the attorney filed frivolous pleadings on behalf of the client but the client did nothing more than rely on her attorneys advice D. holding that an attorney may only undertake to represent a new client against a former client where there is no confidential information received from the former client that is in any way relevant to representation of the current client E. holding that even where a client was more sophisticated in business matters than the lawyer himself the lawyer should have assumed the client was relying on the lawyer for the legal aspects of the loan from the client to the lawyer to the same extent that the client would rely on the lawyer for advice were the client making the loan to a third person

assistant: The best answer is E. holding that even where a client was more sophisticated in business matters than the lawyer himself the lawyer should have assumed the client was relying on the lawyer for the legal aspects of the loan from the client to the lawyer to the same extent that the client would rely on the lawyer for advice were the client making the loan to a third person
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: publish , copy , rent , lease , sell , export , import , distribute , or lend the software or the services , unless microsoft expressly authorizes you to do so ;

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: Upon Optionee’s death prior to termination of employment, all unexpired Options shall become fully exercisable and may be exercised for a period of twelve (12) months thereafter (subject to the Expiration Date of the Option) by the personal representative of the Optionee’s estate or any other person to whom the Option is transferred under a will or under the applicable laws of descent and distribution.

assistant: Death
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: c ) we are under no obligation to store , retain , publish or make available any user content uploaded by you and that you shall be responsible for creating backups of any such user content if necessary .

assistant: Content removal
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, as such, must be upheld unless the [c]ourt finds the decision to be ‘arbitrary, capricious, an abuse of discretion^] or otherwise not in accordance with law.’” Benchmade Knife Co. v. United States, 79 Fed.Cl. 731, 738 (2007) (quoting 5 U.S.C. § 706(2)(A)). This standard “requires only that the agency’s decision be supported by a rational basis.” Mgmt. & Training Corp. v. United States, 115 Fed.Cl. 26, 44 (2014) (citing 28 U.S.C. § 1491(b)(4)). In addition, although “the assessment [of the availability of small businesses] must be based on sufficient facts so as to establish its reasonableness, no particular method of assessing the availability of small businesses is required.” Id. (internal quotation marks and citations omitted); see also Res-Care, Inc., 735 F.3d at 1390-91 (<HOLDING>); Adams & Assocs., Inc. v. United States, 109 Options: A. holding that there was no abuse of discretion in the contracting officers thorough analysis of materials submitted by potential bidders in response to a request for information B. holding that the finality of a contracting officers determination was suspended during his review of a request by the contractor to reconsider the final decision C. holding that there was no abuse of discretion in allowing a defendants surprise fact witness to testify because the plaintiff did not request a continuance D. holding failure to exercise discretion is abuse of discretion E. holding that denial of untimely request was not abuse of discretion

assistant: The best answer is A. holding that there was no abuse of discretion in the contracting officers thorough analysis of materials submitted by potential bidders in response to a request for information
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: Congress amended our jurisdictional statute and expressly granted this court power to hear contract termination disputes irrespective of claims for money damages. See 28 U.S.C. § 1491(a)(2) (1994) (granting jurisdiction over claims “including a dispute concerning termination of a contract ... and other nonmonptary disputes on which a decision of the contracting officer has been issued”). Prior to this amendment, however, the federal circuit had already held that a contracting officers’ decision to terminate the contract for default “falls precisely within the contours” of the Contracts Disputes Act and is immediately appealable even without first submitting a claim to the contracting officer. Malone, 849 F.2d at 1443-44. Later cases concur. See K & S Construction, 35 Fed.Cl. at 276 (<HOLDING>). It follows, then, that if the court has Options: A. holding that the finality of a contracting officers determination was suspended during his review of a request by the contractor to reconsider the final decision B. holding that jurisdiction over an appeal of a contracting officers decision is lacking unless the contractors claim is first presented to the contracting officer and that officer renders a final decision on the claim C. holding in a breach of contract action brought by a government contract surety under the tucker act that the tucker act contains an unequivocal expression waiving sovereign immunity as to claims not particular claimants D. holding that jurisdiction over an appeal of a contracting officers decision is lacking unless the contractors claim is first presented to the contracting officer and that officer renders a final decision on the claim E. holding language added to tucker act makes clear plaintiff is not entitled to a second administrative goround on a contracting officers final decision

assistant: The best answer is E. holding language added to tucker act makes clear plaintiff is not entitled to a second administrative goround on a contracting officers final decision
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: warrant and the information on which it was based were unrelated to the entry and therefore constituted an independent source for the evidence.... 468 U.S. at 799, 104 S.Ct. 3380. The Supreme Court did not answer directly the question presented by this case — whether probable cause exists if it was not clearly established that drugs were in the apartment. But it did conclude that probable cause existed under the facts of that ease, and noted that “[t]he illegality of the initial entry ... has no bearing on ... whether the evidence first discovered during the search of the apartment pursuant to a valid warrant issued the day after the entry should have been suppressed as ‘fruit’ of the illegal entry.” Id. at 798, 104 S.Ct. 3380. But see United States v. Dice, 200 F.3d 978 (6th Cir.2000) (<HOLDING>). Our case law follows the reasoning in Segura. Options: A. holding that if police conduct unconstitutional searches that acquire information used to obtain a search warrant then evidence seized during the later search conducted pursuant to warrant would be inadmissible as fruit of the poisonous tree B. holding that observations made a during prior illegal search should not have been included in the affidavit for the search warrant C. holding that violation of knockandannounce rule during execution of valid search warrant warranted suppression of evidence seized in search following violation D. holding that search of backpack constituted a search of defendants person and was not authorized by search warrant for premises E. holding that suppression is not an appropriate remedy for officers failure to serve a warrant to the defendant before during or immediately after the search

assistant: The best answer is C. holding that violation of knockandannounce rule during execution of valid search warrant warranted suppression of evidence seized in search following violation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party shall promptly provide the other Party with written notice reasonably detailing (i) any known or alleged infringement by a Third Party of Arising IP, Joint Arising IP and Calithera IP , including any “patent certification” filed in the United States under 21 U.S.C. §355(b)(2) or 21 U.S.C. §355(j)(2) or similar provisions in other jurisdictions, and of any declaratory judgment, opposition, or similar action by a alleging the invalidity, unenforceability or non-infringement of any such Intellectual Property Rights (collectively “ Third Party Infringement ”) and (ii) any allegation by a Third Party that Intellectual Property Rights owned by it is infringed, misappropriated or violated by the manufacture, research, Development or Commercialization of any Licensed Compound or Licensed Product in the Hematology/Oncology Field of which it becomes aware (“ Defense Action ”).

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: Any and all notices and other communications required or permitted herein shall be in writing and deemed delivered if delivered personally, or sent by recognized overnight courier or registered or certified mail to the Company at its principal place of business, or to the Executive at the address hereinafter set forth following the Executive's signature, or at such other address or addresses as either party may hereafter designate in writing to the other, except that such notice of change of address will only be effective upon receipt.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: constitutional or statutory right”); United States v. Yunis, 859 F.2d 953, 961 (D.C.Cir.1988) (finding “no constitutional requirement to record confessions by any particular means,” including videotaping, even if such equipment is available); Reinert v. Larkins, 379 F.3d 76, 94 n. 4 (3d Cir.2004) (“Reinert urges us to follow the example of the Supreme Courts of Minnesota and Alaska and rule that, in the absence of an electronic record of the custodial interrogation in the hospital (by either audiotape or videotape), we should suppress the confession as a violation of the Fifth Amendment, Sixth Amendment, protections of due process, protection against self-incrimination, and provisions for effective assistance of counsel and confrontation. See State v. Scales, 518 N.W.2d 587 (Minn.1994) (<HOLDING>); Stephan v. State, 711 P.2d 1156 (Alaska 1985) Options: A. holding that a defendant who is subject to custodial interrogation must be advised in clear and unequivocal language of his constitutional right to remain silent and his right to a lawyer B. holding that once the right to counsel is invoked custodial interrogation must cease until the suspects attorney is present C. holding parents custodial rights are a fundamental interest guaranteed due process protection D. holding that custodial interrogations must be recorded where feasible E. holding that custodial interrogation by police must not occur prior to suspect being informed of his or her right to counsel and against selfincrimination

assistant: The best answer is D. holding that custodial interrogations must be recorded where feasible
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise specifically provided in this Agreement, each party shall pay the expenses they may incur in connection with the transactions contemplated by this Agreement, including without limitation the fees and expenses of legal counsel, accountants and financial advisors.

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 legal provision and list the applicable contract clause categories. Provision: Except as set forth in Sections 2.3 and 9.2(a) hereof, no provision of this Agreement or of any documents or instrument entered into, given or made pursuant to this Agreement may be amended, changed, waived, discharged or terminated except by an instrument in writing, signed by the Party against whom enforcement of the amendment, change, waiver, discharge or termination is sought.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Therefore, the inquiry into whether a court may hear a qui tam relator’s claim can be divided into three parts: (1) Have the allegations made by the plaintiff been “publicly disclosed”? (2) If so, is the lawsuit “based upon” that publicly disclosed information? (3) If so, is the plaintiff an “original source” of the information? See United States v. Bank of Farmington, 166 F.3d 853, 859 (7th Cir.1999); Cooper v. Blue Cross & Blue Shield of Fla., Inc., 19 F.3d 562, 564 n. 4 (11th Cir.1994). The threshold inquiry is whether there has been a public disclosure. Id. Whether the plaintiff is an “original source” of the information is immaterial unless there has been such public disclosure. See United States ex rel. Aflatooni v. Kitsap Physicians Servs., 163 F.3d 516, 524 (9th Cir.1999) (<HOLDING>); Wang, 975 F.2d at 1415 (“Where there has been Options: A. holding that because the plaintiff was not disabled for the purposes of the ada this court need not to address the other elements of the prima facie case B. holding that in the absence of public disclosure the court need not address whether relator was original source of the information C. holding that the disclosure is a public disclosure within the meaning of the fca if the the prior public disclosure contained enough information to enable the government to pursue an investigation against the defendant D. holding by federal district court that before a court orders disclosure of educational records the party seeking disclosure is required to demonstrate a genuine need for the information that outweighs the privacy interest of the students E. recognizing that information disclosed in private is not a public disclosure under the fca

assistant: The best answer is B. holding that in the absence of public disclosure the court need not address whether relator was original source of the information
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 GUC Trust Monitor shall receive fair and reasonable compensation for its services, to be paid out of the Wind-Down Budget Cash, in accordance with the Budget. The GUC Trust Monitor shall be entitled, without the need for approval of the Bankruptcy Court, to direct the GUC Trust Administrator to reimburse the GUC Trust Monitor from the Wind-Down Budget Cash on a monthly basis, for all reasonable out-of-pocket expenses actually incurred in the performance of duties in accordance with this Trust Agreement, consistent with the Budget prepared pursuant to Section 6.4 hereof. In addition, to the extent the Wind-Down Budget Cash is not sufficient to provide the GUC Trust Monitor fair and reasonable compensation for its services or for reasonable out-of-pocket expenses, it shall be paid out of the Other GUC Trust Administrative Cash in accordance with Section 6.1 .

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: court’s estimation Giles had not shown good cause to modify the scheduling order, it did not apply “ ‘the more liberal standard of Rule 15(a)’ to the decision to grant or deny leave.” Crostley, 717 F.3d at 419. In the alternative, however, the district court concluded that Giles’ § 1983 claim failed on the merits because the record did not contain evidence that there was discriminatory intent behind any of his employer’s actions. Giles timely appealed. See Fed.R.Civ.P. 4(a)(1)(A), 6(a)(1). II. Jurisdiction was proper in the district court pursuant to 28 U.S.C. § 1331. We have jurisdiction pursuant to 28 U.S.C. § 1291. Giles’ untimely filing of his original Title VII action does not create a jurisdictional bar to suit. See Harris v. Boyd Tunica, Inc., 628 F.3d 237, 239 (5th Cir.2010) (<HOLDING>); see also 42 U.S.C. § 2000e-5(f)(1) Options: A. holding that the ninetyday filing requirement is not a jurisdictional prerequisite and is subject to equitable tolling B. holding that the filing deadline under title vii is not a jurisdictional prerequisite to suit in federal court but a requirement that like a statute of limitations is subject to waiver estoppel and equitable tolling C. holding that the timely filing of a discrimination charge with the eeoc is not a jurisdictional prerequisite but a requirement that like a statute of limitations is subject to waiver estoppel and equitable tolling D. holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling E. holding that 242bc3as time bar is not jurisdictional and thus subject to equitable tolling

assistant: The best answer is A. holding that the ninetyday filing requirement is not a jurisdictional prerequisite and is subject to equitable tolling
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 Fund G nor any of its Affiliates has incurred any liability, contingent or otherwise, for any brokerage fee, commission or financial advisory fee in connection with the transactions contemplated by this Agreement for which LD 12, the Partnership or any of its respective Affiliates will be liable.

assistant: Brokers
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 acknowledge that each party and its counsel have reviewed and revised this Agreement, and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits hereto.

assistant: Construction
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: awarded in proportion to the injuries they suffered as a result of the decedent’s death. Maryland law thus makes clear that all beneficiaries in wrongful death lawsuits are the real parties in interest in these suits. Indeed, if one of a decedent’s beneficiaries is absent from a wrongful death lawsuit, Maryland law requires that a judgment rendered in favor of the beneficiary or beneficiaries who did prosecute the suit be vacated. Johnson v. Price, 191 F.Supp.2d 626, 629 (D.Md.2001) (citations omitted). Because the judgment may be vacated if a wrongful death beneficiary is not included in the action, “the court cannot accord complete relief among existing parties” when a beneficiary is excluded. Fed.R.Civ.P. 19(a)(1)(A); see also Ward v. Walker, 725 F.Supp.2d 506, 510-11 (D.Md.2010) (<HOLDING>); Johnson, 191 F.Supp.2d at 630 (same). That Options: A. holding that plaintiffs failure to prove decedents death was caused by the wrongful acts of the defendant precludes any recovery of wrongful death damages under mississippis wrongful death statute B. holding that decedents daughter was necessary party to maryland wrongful death action C. holding that action for wrongful death may generally not be maintained where death was selfinflicted D. holding that a failure to include a beneficiary in a wrongful death action is a defect because the wrongful death act restricts plaintiffs to a single action E. recognizing cause of action for wrongful death

assistant: The best answer is B. holding that decedents daughter was necessary party to maryland wrongful death action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Domestic Revolving Commitments are increased in accordance with this Section, the Agent, in consultation with the Lead Borrower, shall determine the effective date (the “ Increase Effective Date ”) and the final allocation of such increase. The Agent shall promptly notify the Lead Borrower and the Domestic Revolving Lenders of the final allocation of such increase and the Increase Effective Date and on the Increase Effective Date (i) the Domestic Revolving Commitments under, and for all purposes of, this Agreement shall be increased by the aggregate amount of such Commitment Increases, and (ii) Schedule 2.01 shall be deemed modified, without further action, to reflect the revised Domestic Revolving Commitments and Applicable Percentages of the Domestic Revolving Lenders.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower has taken all necessary action to authorize the execution, delivery and performance of the Loan Documents. The Loan Documents have been duly executed and delivered by Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and general principles of equity. The Loan Documents are not subject to, and Borrower has not asserted, any right of rescission, set–off, counterclaim or defense, including the defense of usury. No exercise of any of the terms of the Loan Documents, or any right thereunder, will render any Loan Document unenforceable.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: be rezoned from residential to commercial. After the taking, the property was rezoned from residential to commercial and defendants did build an office park on their remaining 284 acres. 3 At MDOT’s request, the jury saw the property in its posttaking state. 4 Justice Kelly states that I am mischaracterizing this Court’s holding in Eilender. I cite Eilender only for a proposition with which everybody apparently agrees — a “reasonable possibility” of rezoning should be considered when determining “just compensation.” I do not suggest that this Court in Eilender already answered the question at issue here. 5 The opposite, of course, is true as well. That is, if, at the time of the taking, there existed a “reasonable possibility” that the property would be rezoned to exclud (Iowa, 1969) (<HOLDING>). See also 9 ALR3d 291, § ll[a], p 320 Options: A. holding that a rezoning ordinance enacted more than eight months after the taking although not dispositive was admissible B. holding that detention of approximately eight months violated due process C. holding that the district court abused its discretion in denying leave to amend after a delay of eight months D. holding that forfeiture proceedings instituted eight months after the seizure of property failed to meet the promptness requirement E. holding that eight months between charges and dismissal created inference of causal connection

assistant: The best answer is A. holding that a rezoning ordinance enacted more than eight months after the taking although not dispositive was admissible
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 not be assigned by any party hereto without the written consent of the other party; provided , that Advisor shall be entitled to assign this Agreement to any Affiliate of Advisor. Any assignment in violation of the foregoing shall be null and void.

assistant: Assignments