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: Orion shall pay Executive a Base Salary at the annual rate set forth above, effective as of June 1, 2017, payable in regular installments in accordance with the Company’s usual payroll practices. Executive shall be entitled to such increases in Executive’s base salary, if any, as may be determined from time to time by the Board.

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: that he [or she] is awaiting transfer from one facility to another is of no consequence to the operation of the [IAD].” Id. at 444. Relying on Felix v. United States, 508 A.2d 101, 106 (D.C.1986), the Court of Criminal Appeals held that “once a person has been convicted, sentenced, and has begun serving that sentence in the sending jurisdiction, that person’s status is distinguishable for purposes of invoking the [IAD’s] protections from that of a pretrial detainee.” Lock, 839 S.W.2d at 444. The court reasoned that given the remedial nature of the IAD, the classification of the facility in which the prisoner is confined should not control the IAD’s application. See id. A number of courts have reached a similar conclusion. See United States v. Dobson, 585 F.2d 55, 58-59 (3d Cir.1978) (<HOLDING>); United States v. Small, 209 F.Supp.2d 1114, Options: A. holding that 3584a allows the district judge to specify the sequence of service of terms of imprisonment only when sentences are imposed at the same time or the other sentence is an undischarged term of imprisonment to which the defendant is already subject B. holding that the court of criminal appeals has jurisdiction to review fines under the criminal sentencing reform act of 1982 because sentence is a broad term which encompasses a fine probation a term of imprisonment or any other form of punishment imposed by the court C. holding that a term of imprisonment begins at the time a prisoner is sentenced D. holding that the natural meaning of the phrase serving a term of imprisonment denotes no more or less than that definable period of time during which a prisoner must be confined in order to complete or satisfy the prison term or sentence which has been ordered E. recognizing that the term solicit denotes more than simple contact it consists of an attempt to obtain something by persuasion or to ask for the purpose of receiving

assistant: The best answer is D. holding that the natural meaning of the phrase serving a term of imprisonment denotes no more or less than that definable period of time during which a prisoner must be confined in order to complete or satisfy the prison term or sentence which has been ordered
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 by any Purchaser or by the Company with respect to any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchaser, by written notice to the other parties, if the Closing has not been consummated on or before October 31, 2018; provided , however , that no such termination will affect the right of any party to sue for any breach by any other party (or parties).

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: or damages, or (B) the date of an administrative order under section 9622(g) of this title (relating to de minimis settlements) or 9622(h) of this title (relating to cost recovery settlements) or entry of a judicially approved settlement with respect to such costs or damages. 42 U.S.C. § 9613(g)(3); see Bedford Affiliates, 156 F.3d at 424. 79. None of the triggering events in CERCLA § 113(g)(3) has occurred. 80. Defendants maintain that where none of the triggering events has occurred, the Court should apply the limitations periods in CERCLA § 113(g)(2) applicable to removal and/or remedial cost recovery action under CERCLA § 107. See Sun Company, Inc. v. Browning-Ferris, Inc., 124 F.3d 1187, 1192 (10th Cir.1997), cert. denied, 522 U.S. 1113, 118 S.Ct. 1045, 140 L.Ed.2d 110 (1998) (<HOLDING>). 81. Relying on W.R. Grace & Co. v. Zotos Options: A. holding that 107 continues to offer a distinct cause of action for direct recovery and additionally an implied right to contribution for prps B. holding that the government prp may bring a costrecovery action pursuant to cercla 107 thereby imposing joint and several liability on the defendant prp C. holding that where the defendants 107 claim was based on remediation costs they incurred and may incur in the future as the result of a lawsuit instituted under 107a they did not demonstrate that they incurred necessary costs of response within the meaning of 107a D. holding that plaintiffs entering into a consent agreement with the epa did not trigger the running of the statute of limitations under 113g3 for purposes of a 113f1 contribution action and further distinguishing a 113f1 contribution action from a cost recovery action to which the limitations periods of 113g2 would apply E. holding that where none of the events for accrual of a 113f1 contribution claim can arise because a prp has incurred response costs based on its agreement to remediate in accordance with a state agencys administrative order the relevant period of limitations and accrual is provided in 113g2 the court found that under such circumstances the contribution action becomes the initial action for cost recovery under cercla 107 thus bringing such action within 113g2 applicable to initial actions for recovery of the costs referred to in 107

assistant: The best answer is E. holding that where none of the events for accrual of a 113f1 contribution claim can arise because a prp has incurred response costs based on its agreement to remediate in accordance with a state agencys administrative order the relevant period of limitations and accrual is provided in 113g2 the court found that under such circumstances the contribution action becomes the initial action for cost recovery under cercla 107 thus bringing such action within 113g2 applicable to initial actions for recovery of the costs referred to in 107
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 any provision of this Amendment or any other Credit Document is held to be illegal, invalid or unenforceable, (a) the legality, validity and enforceability of the remaining provisions of this Amendment and the other Credit Documents shall not be affected or impaired thereby and (b) the parties shall endeavor in good faith negotiations to replace the illegal, invalid or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the illegal, invalid or unenforceable provisions. The invalidity of a provision in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of a train of vehicles; that is registered in Indiana and manufactured or assembled after January 1, 1956, must be equipped with at least two (2) tail lamps mounted on the rear that, when lighted, complies with this section. The trial court construed this statute as requiring “only that a motor vehicle be equipped with at least one (1) tail lamp mounted on the rear that when lighted emits a red light plainly visible from a distance of five hundred (500) feet to the rear.” App. p. 29. This construction of the statute apparently relies only upon subsection (a); however, subsection (c) applies to vehicles manufactured after January 1, 1956, such as Cunningham’s vehicle undisputedly was, and requires two operating tail lamps. See Freeman v. State, 904 N.E.2d 340, 342-43 (Ind.Ct.App.2009) (<HOLDING>). We recently re-addressed Section 9-19-6-4 in Options: A. holding that court did not err by refusing to charge jury with exercise of judgment instruction where issue was whether nurse had duty to constantly monitor patient because case did not involve selection between one of two courses of treatment or two schools of thought B. holding in light of several red flags that brokers reliance on approval of firm and its lawyers did not negate finding that he acted willfully C. holding in light of this courts decision in harkness ii that section 774 was not an unconstitutional infringement on this courts exclusive authority to regulate the practice of law D. holding that section 91964 requires vehicles to have two constantly illuminated tail lamps that emit red light that a rearmounted brakeonly red light does not satisfy this requirement and stop of vehicle was justified where one of vehicles tail lamps was burned out E. holding that a false light claim requires pleading and proof of special damages

assistant: The best answer is D. holding that section 91964 requires vehicles to have two constantly illuminated tail lamps that emit red light that a rearmounted brakeonly red light does not satisfy this requirement and stop of vehicle was justified where one of vehicles tail lamps was burned out
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 Amendment may be executed by one or more of the parties to this Amendment in any number of separate counterparts (including by telecopy or other electronic transmission and each of which shall be effective as delivery of a manually executed counterpart), and all of such counterparts taken together shall be deemed to constitute one and the same instrument.

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: Notwithstanding anything to the contrary in this Agreement, it shall be a condition to the Executive’s right to receive the payments and benefits provided for in Sections 4(d)(ii) through (vii) or Sections 4(f)(ii) through (v), as applicable, that the Executive (x) continue to comply with the Executive’s obligations under Sections 5, 6 and 7 and (y) execute and deliver to the Company and not revoke a general release in favor of the Company and its affiliates in substantially the form attached hereto as Schedule A (the “ Release ”), which Release shall be delivered to the Executive within five (5) days following the Executive’s date of termination. The Release must be executed and delivered to the Company (and no longer subject to revocation, if applicable) within sixty (60) days following the Executive’s date of termination (the “ Release Period ”).

assistant: Benefits
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 Lender that is an Existing Lender is deemed to have appointed Wells Fargo Bank, N.A., as the administrative agent and the issuing lender under the Existing Credit Agreement; provided, however, Wells Fargo Bank, N.A. does not assume and shall not be obligated to pay, perform or discharge any claim, debt, obligation , expense or liability of MUFG Union Bank, N.A., if any, of any kind, whether known or unknown, absolute or contingent, under the Loan Documents (as defined in the Existing Credit Agreement) or otherwise, arising out of any act or omission occurring on or before the date hereof under the Loan Documents (as defined in the Existing Credit Agreement). The Borrower, the Existing Lenders, Wells Fargo Bank, N.A. and MUFG Union Bank, N.A. agree that Section 8.06 of the Existing Credit Agreement shall apply to MUFG Union Bank, N.A.'s resignation pursuant to the Assignment; provided that, such parties hereby waive the 30 days prior written notice required thereunder as to such resignation. Each Lender hereby appoints and authorizes the Administrative Agent to take such action as agent on its behalf and to exercise such powers under this Agreement as are delegated to the Administrative Agent by the terms hereof and of the other Loan Documents , together with such powers as are reasonably incidental thereto. As to any matters not expressly provided for by this Agreement or any other Loan Document (including , without limitation , enforcement or collection of the Notes) , the Administrative Agent shall not be required to exercise any discretion or take any action , but shall be required to act or to refrain from acting (and shall be fully protected in so acting or refraining from acting) upon the instructions of the Required Lenders , and such instructions shall be binding upon all Lenders and all holders of Notes; provided , however , that the Administrative Agent shall not be required to take any action that exposes the Administrative Agent to personal liability or that is contrary to this Agreement , any other Loan Document , or applicable law.

assistant: Authorizations
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: 2.5 you also grant linden lab and other users of the service a license to use your content in snapshots and machinima that is displayed in publicly accessible areas of the service .

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: first year of the plan, it specifically explained the $450,000 aggregate limit to the Diocese before the beginning of the second year of the plan, and the Diocese chose not to purchase additional coverage. The contract between the Diocese and Gallagher was for a three-year term and provided for adjustments to premiums, the service fee, and the loss fund for the second and third annual periods. The “renewal proposals” Gallagher provided to the Diocese for the second year presented such adjustments. In agreeing to a change in terms-, parties may intend to make a new and separate contract rather than modify an existing contract. See Ketteringham v. Eureka Homestead Soc’y, 140 La. 176, 72 So. 916, 917 (1916). However, we do not see the changes made pursuant to the renewa La.Ct.App.1993) (<HOLDING>). Modifications may, however, be effected by Options: A. holding that defendant did not breach oral agreement because among other things the plaintiff had not established that the term in question was part of the oral contract B. holding that subsequent modifications to a written proposal which constituted a contract upon oral acceptance were not part of the contract because they were done without the knowledge or consent of other party C. holding that party to contract could not with knowledge of the fraud which had been practiced upon him take any benefit under the contract or change the condition of the property and then repudiate the contract because the taking of a benefit is an election to ratify it D. holding that complete performance of contract constituted acceptance E. holding that the arbitration agreement in a written contract did not apply to a dispute arising from a subsequent oral agreement which did not incorporate the arbitration clause from the written contract

assistant: The best answer is B. holding that subsequent modifications to a written proposal which constituted a contract upon oral acceptance were not part of the contract because they were done without the knowledge or consent of other party
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 shall dissolve, and its affairs shall be wound up, upon the earliest to occur of (a) the decision of the Members, (b) the sale by the Company of all or substantially all of its property or (c) an event of dissolution of the Company under the Act.

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: Each Lender hereby irrevocably (subject to Section 14.10 ) appoints, designates and authorizes Administrative Agent (including in its capacity as Collateral Agent for all purposes of this Section 14) to take such action on its behalf under the provisions of this Agreement and each other Loan Document and to exercise such powers and perform such duties as are expressly delegated to it by the terms of this Agreement or any other Loan Document, together with such powers as are reasonably incidental thereto. Notwithstanding any provision to the contrary contained elsewhere in this Agreement or in any other Loan Document, Administrative Agent shall not have any duty or responsibility except those expressly set forth herein, nor shall Administrative Agent have or be deemed to have any fiduciary relationship with any Lender or participant, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Loan Document or otherwise exist against Administrative Agent. Without limiting the generality of the foregoing sentence, the use of the term “agent” herein and in other Loan Documents with reference to Administrative Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law. Instead, such term is used merely as a matter of market custom, and is intended to create or reflect only an administrative relationship between independent contracting parties.

assistant: Authorizations
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 the Bank's willingness to enter into this Amendment, the Credit Parties hereby release the Bank and each of its respective officers, employees, representatives, agents, counsel and directors from any and all actions, causes of action, claims, demands, damages and liabilities of whatever kind or nature, in law or in equity, now known or unknown, suspected or unsuspected to the extent that any of the foregoing arises from any action or failure to act solely in connection with the Credit Documents 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 case excerpt and choose the best holding from the options. Case excerpt: engaged in the following colloquy with Juror Five. THE COURT: Juror [Five] was the verdict of guilty as to both counts your verdict when you were in the jury room? JUROR [FIVE]: The first one was, yes, but not the second one. THE COURT: And as to the second issue, did you vote to convict on the second count? JUROR [FIVE]: Yes. THE COURT: Is that your verdict now? JUROR [FIVE]: Yes. THE COURT: Is it freely and voluntarily made by you as you sit here now? JUROR [FIVE]: Yes. THE COURT: So you are good with the verdict as it stands? JUROR [FIVE]: Well, can you explain becau 733 SE2d 36) (2012) (punctuation omitted); accord Powell v. State, 271 Ga. App. 550, 551-52 (610 SE2d 178) (2005). 13 McCullough, 317 Ga. App. at 855; see Steele v. State, 270 Ga. App. 488, 492 (606 SE2d 664) (2004) (<HOLDING>). 14 See McCullough, 317 Ga. App. at 855-56 Options: A. holding that in determining whether a crime is a continuing offense the court must focus on the nature of the substantive offense and not on the specific characteristics of the conduct in the case at issue B. holding that the sentencing courts conclusion that there was simply no way to avoid the base offense level did not indicate mandatory application of the guidelines C. holding that counsel was not ineffective in failing to request a charge on the lesserincluded offense when the evidence showed either the commission of the completed offense as charged or the commission of no offense such that the defendant was not entitled to a charge on the lesser offense D. holding that extrinsic offense evidence was admissible to prove intent where the prosecutor stated that she anticipated the defendant would deny his intent to be involved in the charged offense and defense counsel did not even mention that he would refrain from contesting the intent issue E. holding that courts announcement that it would deny firstoffender status b ased on the nature of the offense did not indicate mechanical sentencing policy

assistant: The best answer is E. holding that courts announcement that it would deny firstoffender status b ased on the nature of the offense did not indicate mechanical sentencing policy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of any Debt Prepayment Application under Section 10.7 of this Agreement, the Obligors will, within 10 days of the occurrence of the Transfer (a “Debt Prepayment Transfer”) in respect of which an offer to prepay the Notes (the “Prepayment Offer”) is being made to comply with the requirements for a Debt Prepayment Application (as set forth in the definition thereof), give notice of such Debt Prepayment Transfer to each holder of Notes. Such notice shall contain, and shall constitute, an irrevocable offer to prepay, at the election of each holder, a portion of the Notes held by such holder equal to such holder’s Ratable Portion of the Net Proceeds Amount in respect of such Debt Prepayment Transfer on a date specified in such notice (the “Transfer Prepayment Date”) that is not less than 30 days and not more than 60 days after the date of such notice.

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: by using this site , you acknowledge that 9gag , inc is not responsible or liable for any harm resulting from ( 1 ) use of the site ; ( 2 ) downloading information contained on the site including but not limited to downloads of content posted by subscribers ; ( 3 ) unauthorized disclosure of images , information or data that results from the upload , download or storage of content posted by subscribers ; ( 4 ) the temporary or permanent inability to access or retrieve any subscriber content from the site , including , without limitation , harm caused by viruses , worms , trojan horses , or any similar contamination or destructive program .

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: Provided that the Participant is actively employed by the Company and/or one of its Subsidiaries or Affiliates on each such vesting date and except as otherwise provided in this Section 3, RSUs subject to this grant shall vest as follows: 25% on December 22, 2017, 25% on December 22, 2018 and 50% on December 22, 2019.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Company represents and warrants to the Secured Parties that (a) Company is the owner of the Collateral (or, in the case of after-acquired Collateral, at the time Company acquires rights in the Collateral, will be the owner thereof) and that no other Person has (or, in the case of after-acquired Collateral, at the time Company acquires rights therein, will have) any right, title, claim or interest (by way of Lien or otherwise) in, against or to the Collateral, other than Permitted Liens; (b) upon the filing of UCC-1 financing statements in the appropriate filing offices, the Secured Parties have (or in the case of after-acquired Collateral, at the time Company acquires rights therein, will have) a perfected security interest in the Collateral to the extent that a security interest in the Collateral can be perfected by such filing, subject to Permitted Liens; (c) all Inventory has been (or, in the case of hereafter produced Inventory, will be) produced in compliance in all material respects with applicable laws, including the Fair Labor Standards Act; (d) all accounts receivable and payment intangibles are genuine and enforceable against the party obligated to pay the same; (e) the originals of all documents evidencing all accounts receivable and payment intangibles of Company and the only original books of account and records of Company relating thereto are, and will continue to be, kept at the following address of the Company: 2790 Walsh Ave., Santa Clara, CA 95051.

assistant: Warranties
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 sets forth the entire understanding and agreement of the Parties hereto, and shall supersede any agreements and understandings (written or oral) between the Parties on or prior to the Effective Date with respect to the transaction described in this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by ascertaining whether a Kansas statute or constitutional provision governing this case has expressly waived Eleventh Amendment immunity. See Atascadero, 473 U.S. at 238 n. 1, 105 S.Ct. 3142. Though Kansas has generally authorized suits brought in state court against state educational institutions, see Kan. Stat. Ann. § 76-713, its statutes have not expressly- waived Eleventh Amendment immunity. See Brennan, 451 F.2d at 1290; see also Atascadero, 473 U.S. at 241, 105 S.Ct. 3142 (“Although a State’s general waiver of sovereign immunity may subject it to suit in state court,- it is not enough to waive, the immunity guaranteed by the Eleventh Amendment ... [absent] intend ] to subject itself to suit in federal court.” (citations omitted)); Johns v. Stewart, 57 F.3d 1544 (10th Cir.1995) (<HOLDING>). Nor is there any waiver provision in the Options: A. holding that the eleventh amendment protects a state from suit by its own citizens B. holding that state did not waive eleventh amendment immunity by removing case to federal court C. holding that the nyshrl does not waive the new yorks eleventh amendment immunity to suit in federal court D. holding that utah did not waive its eleventh amendment immunity with respect to a suit brought in federal court because state statute provided for exclusive original jurisdiction in its own courts E. holding that a state may waive its sovereign immunity

assistant: The best answer is D. holding that utah did not waive its eleventh amendment immunity with respect to a suit brought in federal court because state statute provided for exclusive original jurisdiction in its own 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 case excerpt and choose the best holding from the options. Case excerpt: not illegal. She ignores that the Administrative Judge disbelieved her explanation that Asenlix, taken pursuant to a valid prescription, caused her positive drug test. In light of that credibility assessment it is irrelevant whether “illegal drugs” includes drugs prescribed outside of this country. Fuentes’ arguments are relevant only to issues the Administrative Judge never reached. Fuentes offers this court no logical or con vincing reason to reverse the Board’s decision on liability. II. Whether or not a penalty was reasonable we must leave to the sound discretion of the agency unless the Board’s affirmance of the penalty is not supported by substantial evidence or the penalty amounts to an abuse of discretion. See Gonzales v. Def. Logistics Agency, 772 F.2d 887, 889 (Fed.Cir.1985) (<HOLDING>). We agree with the Board that the authorized Options: A. holding that it is not B. holding the court will not disturb the decision of the abcmr unless it was arbitrary capricious contrary to law or unsupported by substantial evidence C. holding that the trial court has broad discretion in granting denying dissolving or modifying injunctions and unless a clear abuse of discretion is demonstrated appellate courts will not disturb the trial courts decision D. holding that when plaintiffs argue an inconsistent jury verdict this court will not disturb the trial courts denial of a motion for a new trial absent a showing of abuse of discretion E. holding that the court will not disturb a penalty unless it exceeds the range of permissible punishment or is so harsh and unconscionably disproportionate to the offense that it amounts to an abuse of discretion citation omitted

assistant: The best answer is E. holding that the court will not disturb a penalty unless it exceeds the range of permissible punishment or is so harsh and unconscionably disproportionate to the offense that it amounts to an abuse of discretion citation omitted
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: § 7609(a)). Because petitioner does not allege improper service and the summons was validly issued to a third-party under section 7609, petitioner’s argument to quash the summons on that ground is without merit. III. Conclusion For the foregoing reasons, petitioner’s motion to quash the IRS summons is DENIED, and respondent’s cross-motion for summary denial of the petition to quash the summons and enforcement of the summons is hereby GRANTED. IT IS SO ORDERED. 1 . Because the record does not reflect any procedural objection to the summons based on improper service under 26 U.S.C. § 7603, both petitioner and Security Mutual have waived their right to raise that objection in connection with the present motion. See United. States v. Myslajek, 568 F.2d 55, 57 (8th Cir.1977) (per curiam) (<HOLDING>), cert. denied, 438 U.S. 905, 98 S.Ct 3123, 57 Options: A. holding that a 13 month delay was unreasonable B. holding that strict compliance is not required C. holding that three month delay in objecting to service of summons constituted a waiver of strict compliance with the requirements of section 7603 D. holding that a five month delay was unreasonable E. holding that a five month delay is unreasonable

assistant: The best answer is C. holding that three month delay in objecting to service of summons constituted a waiver of strict compliance with the requirements of section 7603
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 provisions of the Plan are hereby incorporated herein by reference. Except as otherwise expressly set forth herein, this Award Agreement will be construed in accordance with the provisions of the Plan and any capitalized terms not otherwise defined in this Award Agreement or in the Grant Notice will have the same meanings as set forth in the Plan. The provisions of this Award Agreement will be interpreted as to be consistent with the Plan and any ambiguities in this Award Agreement will be interpreted by reference to the Plan. In the event that any provision of this Award Agreement is not authorized by or is inconsistent with the terms of the Plan, the terms of the Plan will prevail. Pursuant to and in accordance with the terms of the Plan, the Committee will have final authority to interpret and construe the Plan and this Award Agreement and to make any and all determinations thereunder, and its decision will be final, binding and conclusive upon the Participant and his or her legal representatives in respect of any questions arising under the Plan or this Award Agreement; provided , however , that pursuant to the Plan the Committee will exercise such discretion reasonably and in good faith. A copy of the Plan and the Plan Prospectus have been delivered to the Participant together with this Award Agreement. The Company represents that the Performance Award grant is being made pursuant to and in conformity with the provisions of the Plan and is a valid and binding grant of a Performance Award accordance with its terms.

assistant: Definitions
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: 100 L.Ed.2d 384 (1988). 2 . This Court abrogated relaxed waiver in the PCRA context in Commonwealth v. Albrecht, 554 Pa. 31, 720 A.2d 693, 700 (1998), and has since reaffirmed that such abrogation applies retroactively. See Commonwealth v. Wilson, 580 Pa. 439, 861 A.2d 919, 928 n. 8 (2004); Commonwealth v. Basemore, 560 Pa. 258, 744 A.2d 717, 725-26 (2000); Commonwealth v. Pursell, 555 Pa. 233, 724 A.2d 293, 303 (1999); Commonwealth v. Steele, 599 Pa. 341, 961 A.2d 786, 834-35 (2008) (Castille, C.J., concurring). This Court later abrogated the relaxed waiver doctrine in the direct capital appeal context in Commonwealth v. Freeman, 573 Pa. 532, 827 A.2d 385, 403 (2003). 3 . Commonwealth v. Huffman, 536 Pa. 196, 638 A.2d 961 (1994). 4 . Although there was n 2, 153 L.Ed.2d 335 (2002) (<HOLDING>); see also Commonwealth v. Miller, 585 Pa. 144, Options: A. recognizing that within the world community the imposition of the death penalty for crimes committed by mentally retarded offenders is overwhelmingly disapproved B. holding that the execution of mentally retarded criminals violates the eighth amendment C. holding the death penalty unconstitutional for mentally retarded defendants D. holding that mentally retarded capital murderers are constitutionally ineligible for death penalty E. holding that juveniles are constitutionally ineligible for death penalty

assistant: The best answer is D. holding that mentally retarded capital murderers are constitutionally ineligible for death penalty
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: for non-billing customer assistance , please go to https://zyngasupport.helpshift.com/ , or for black diamond slots , email support@risingtidegames.com , or for naturalmotion games you may also obtain customer assistance by clicking on the `` support '' link on that game 's page found on naturalmotion 's website .

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: Booker claim by challenging the Guidelines’ constitutionality in the district court. We review alleged violations of the Sixth Amendment’s Confrontation Clause de novo. United States v. Rondeau, 430 F.3d 44, 47 (1st Cir.2005). Boulais’ arguments for a remand for resentencing come down to three propositions. We find none to be meritorious. First, Boulais claims Booker error because the district court conducted a Guidelines analysis of his potential sentence. Such an error exists when a “defendant’s Guidelines sentence was imposed under a mandatory system.” United States v. Antonakopoulos, 399 F.3d 68, 75 (1st Cir. 2005). However, Boulais’ sentence was imposed under the ACCA, not the Guidelines, and hence Booker does not apply. See United States v. Ivery, 427 F.3d 69, 71 (1st Cir.2005) (<HOLDING>); United States v. Sanchez-Berrios, 424 F.3d Options: A. holding that because the portions of the guidelines dealing with revocation of supervised release were deemed advisory even before booker and remain so resort to them cannot constitute booker error B. recognizing that under booker judges should continue to take account of the guidelines together with other sentencing goals and a sentencing court must at least consider the guidelines in fashioning a sentence quoting booker 125 sct at 764 C. holding that there is no nonconstitutional error under booker where the district court sentencing in the alternative sufficiently considered the guidelines as well as the other factors listed in 3553a D. holding petitions under 28 usc 2255 unavailable to advance booker claims in the absence of a supreme court decision rendering booker retroactive E. holding sentencing under the acca not to be a booker error

assistant: The best answer is E. holding sentencing under the acca not to be a booker error
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: ¶ 11 The measure of delay extends from the defendant’s date of conviction or entry of a guilty plea on the new charges to the date the court holds the revocation hearing. Commonwealth v. explanation for the delay, the court should not attribute the delay to the defendant; instead, the court should analyze whether the delay prejudiced the defendant. Woods, supra. ¶ 13 To demonstrate a violation of his right to a speedy probation revocation hearing, a defendant must allege and prove the delay in holding the revocation hearing prejudiced him. Woods, supra at 1229; Clark, supra at 125; Bischof, supra at 9. There is no per se rule of prejudice for technical violations of the Rules of Criminal Procedure. Commonwealth v. Marchesano, 519 Pa. 1, 7-8, 544 A.2d 1333, 1336-37 (1988) (<HOLDING>). “[T]he controlling consideration at a Options: A. holding that upon revocation of probation a court must grant credit for time served on probation and community control towards any newly imposed term of imprisonment and probation so that the total period of control probation and imprisonment does not exceed the statutory maximum B. holding that standard for revocation of probation is preponderance of the evidence C. holding that where defendant admitted to two violations of probation and was sentenced therefor court could not enter second order of revocation and resentence defendant on third charge of violation of probation which was pending at time defendants probation was first revoked D. holding that revocation of probation is merely an extension of a sentencing proceeding E. holding defendant cannot establish prejudice merely by alleging court held probation revocation hearing after defendants period of probation expired

assistant: The best answer is E. holding defendant cannot establish prejudice merely by alleging court held probation revocation hearing after defendants period of probation expired
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 Applicant and each of its Restricted Subsidiaries owns, or has the legal right to use, all United States and foreign patents, patent applications, trademarks, service marks, trade names, copyrights, and trade secrets necessary for each of them to conduct its business as currently conducted (the “ Intellectual Property ”) except for those the failure to own or have such legal right to use would not be reasonably expected to have a Material Adverse Effect. Except as provided on Schedule 5.9, no claim has been asserted and is pending by any Person against the Applicant or any of its Restricted Subsidiaries challenging or questioning the use of any such Intellectual Property, or the validity or effectiveness of any such Intellectual Property, nor does the Applicant know of any such claim, and, to the knowledge of the Applicant, the use of such Intellectual Property by the Applicant and its Restricted Subsidiaries does not infringe on the rights of any Person, except for such claims and infringements which, in the aggregate, would not be reasonably expected to have a Material Adverse Effect.

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: Regardless of the reason for any termination of this Agreement and subject to this Section 6, the Executive (or the Executive’s estate if the Employment Period ends on account of the Executive’s death) shall be entitled to (i) payment of any unpaid portion of her Base Salary through the effective date of termination; (ii) reimbursement for any outstanding reasonable business expense she has incurred in performing her duties hereunder in accordance with Company policy; (iii) continued insurance benefits to the extent required by law; and (iv) payment of any vested but unpaid rights as required independent of this Agreement by the terms of any bonus or other incentive pay or equity plan, or any other employee benefit plan or program of the Company. Upon termination of this Agreement for any reason, the Executive shall resign from all boards and committees of the Company, its affiliates and its subsidiaries.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: CGL policy. Therefore, “accident” must be given its “natural and commonly accepted meaning.” Gomolka v. State Auto. Mut. Ins. Co., 70 Ohio St.2d 166, 167-168, 436 N.E.2d 1347 (1982). {¶ 13} We have defined “accidental” as “unexpected, as well as unintended.” Hybud Equip. Corp. v. Sphere Drake Ins. Co., 64 Ohio St.3d 657, 666, 597 N.E.2d 1096 (1992). In defining the ordinary meaning of “accident” in the context of a CGL policy that, too, did not include a definition of the word, our sister court in Kentucky held, “Inherent in the plain meaning of ‘accident’ is the doctrine of fortuity. Indeed, ‘[t]he fortuity principle is central to the notion of what constitutes insurance * * *.’ ” Cincinnati Ins. Co. v. Motorists Mut. Ins. Co., 306 S.W.3d 69, 74 (Ky. , 736 N.E.2d 566 (1st Dist.1999) (<HOLDING>). {¶ 15} In Bogner, the insurance policy at Options: A. holding that it is within the power of the legislature to determine that the community should be beautiful as well as healthy spacious as well as clean wellbalanced as well as carefully patrolled B. holding that courts in ohio as well as the majority of courts in jurisdictions throughout the country have concluded that defective workmanship does not constitute an occurrence in cgl policies footnotes omitted C. holding that district courts do not have appellate jurisdiction over state courts D. holding appellate courts have jurisdiction over the district courts orders rejecting as a matter of law qualified immunity raised in a motion to dismiss E. holding appellate courts must consider the trial courts jury charge as a whole

assistant: The best answer is B. holding that courts in ohio as well as the majority of courts in jurisdictions throughout the country have concluded that defective workmanship does not constitute an occurrence in cgl policies footnotes omitted
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: During the period of Employee’s employment by Advance and for a period of one (1) year immediately following the termination of Employee’s employment with Advance for any reason, Employee agrees to be reasonably available to assist Advance, its Related Entities and their respective representatives and agents with any business and/or litigation (or potential litigation) matters affecting or involving Advance. Advance will reimburse Employee for all associated reasonable costs of travel.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if we believe you are abusing ebay in any way , we may , in our sole discretion and without limiting other remedies , limit , suspend , or terminate your user account ( s ) and access to our services , delay or remove hosted content , remove any special status associated with your account ( s ) , remove , not display , and/or demote listings , reduce or eliminate any discounts , and take technical and/or legal steps to prevent you from using our services .

assistant: Content removal, Unilateral termination
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: As of the date hereof and as of the Purchase Date for any Transaction, there is no action, suit, proceeding, investigation, or arbitration pending or, to the best knowledge of Seller, threatened against Seller or Guarantor that (i) questions or challenges the validity or enforceability of any of the Transaction Documents or any action to be taken in connection with the transactions contemplated thereby, (ii) makes claims in an aggregate amount greater than the Litigation Threshold or (iii) which, if determined adversely against such Seller Party, would individually or in the aggregate be reasonably likely to have a Material Adverse Effect.

assistant: Litigations