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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: emotional distress. While the requisite harm need not be severe, as it must in the case of intentionally inflicted emotional harm, it must at least demonstrate that a plaintiffs distress is real. See Quill v. Trans World Airlines, Inc., 361 N.W.2d 438, 443 (Minn.Ct.App.1985). That determination depends to a large degree upon the nature and circumstances of the alleged underly ing cause. See id. For example, in some zone of danger cases, the plaintiffs experience is so shocking that there can be little doubt as to the genuineness of the claimed distress. See id. (requiring only relatively mild physical symptoms to demonstrate emotional distress where plaintiff experienced a 34,000 foot free-fall in a commercial airliner); cf. Leaon v. Washington County, 397 N.W.2d 867, 875 (Minn.1986) (<HOLDING>). However, in cases applying the exception to Options: A. recognizing torts of intentional and negligent infliction of emotional distress B. recognizing the tort of intentional infliction of emotional distress C. holding that to recover damages for negligent infliction of emotional distress based on fear of contracting aids plaintiff must allege actual exposure to hiv D. holding that a party claiming negligent infliction of emotional distress cannot recover for emotional disturbance alone E. holding that loss of weight and feelings of anger fear and bitterness were insufficient to support claim of negligent infliction of emotional distress where male plaintiff was allegedly forced to participate on stage with a female stripper at a stag party

assistant: The best answer is E. holding that loss of weight and feelings of anger fear and bitterness were insufficient to support claim of negligent infliction of emotional distress where male plaintiff was allegedly forced to participate on stage with a female stripper at a stag 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: As of the Closing Date, after giving effect to (i) the consummation of the transactions contemplated herein to occur on the Closing Date and (ii) any extension of credit hereunder, the Borrowers and the Obligors, taken as a whole, are Solvent. No Obligor is planning to take any action described in Section 12.1(h) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrower shall immediately notify the Borrower Representative of the occurrence of any Default or Event of Default hereunder referring to this Agreement describing such Default or Event of Default and stating that such notice is a “notice of default.” In the event that the Borrower Representative receives such a notice, the Borrower Representative shall give prompt notice thereof to the Administrative Agent and the Lenders. Any notice provided to the Borrower Representative hereunder shall constitute notice to each Borrower on the date received by the Borrower Representative.

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: To the extent that the receipt of the Restricted Stock Units or the lapse of any Forfeiture Restrictions results in income, wages or other compensation to you for any income, employment or other tax purposes with respect to which the Company has a withholding obligation, the Company is authorized to withhold from any shares of Common Stock issued under the Agreement or from any cash or stock remuneration or other payment then or thereafter payable to you any tax required to be withheld by reason of such taxable income, wages or compensation including (without limitation) shares of the Common Stock sufficient to satisfy the withholding obligation.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Term, Executive shall serve as the Company’s President and Chief Operating Officer. In such position, Executive shall have such duties, authority and responsibility as shall be determined from time to time by the Board of Directors of the Company (the “Board”) or the Chief Executive Officer of the Company, which duties, authority and responsibility are consistent with the position of President and Chief Operating Officer of the Company.

assistant: Titles
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: Borrowers, through the Borrower Agent, may request and transfer funds based on telephonic or e-mailed instructions to Lender. Borrower Agent shall confirm each such request by prompt delivery to Lender of a Notice of Borrowing but if it differs materially from the action taken by Lender, the records of Lender shall govern. Lender shall not have any liability for any loss suffered by a Borrower as a result of Lender acting upon its understanding of telephonic or e-mailed instructions from a person believed in good faith to be a person authorized to give such instructions on a Borrower's behalf.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. This Agreement and any signed agreement entered into in connection herewith or contemplated hereby, and any amendments hereto or thereto, to the extent signed and delivered by facsimile, by electronic mail in “portable document format” (“.pdf”) form, or any other electronic transmission, shall be treated in all manner and respects as an original contract and shall be considered to have the same binding legal effects as if it were the original signed version thereof delivered in person.

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 case excerpt and choose the best holding from the options. Case excerpt: the small quantity of cocaine involved in this case. The district court denied the motion, finding that the testimony would be helpful to a lay juror. The court then gave a cautionary instruction to the jury on the dual roles of a law enforcement officer as a fact witness and as an expert witness, see generally United States v. Lopes-Medina, 461 F.3d 724, 743-44 (6th Cir.2006), and defense counsel expressed satisfaction with the instruction. "Courts have overwhelmingly found police officers' expert testimony admissible where it will aid the jury's understanding of an area, such as drug dealing, not within the experience of the average juror." Lopez-Medina, 461 F.3d at 742 (citation and internal quotation marks omitted); see also United States v. Ham, 628 F.3d 801, 805 (6th Cir.2011) (<HOLDING>) (citation and internal quotation marks Options: A. holding that the evidence was sufficient to support a conviction under 856 where premises contained two white envelopes containing thirtytwo packs of crack cocaine equipment required for the manufacture and packaging of crack cocaine fortyone white envelopes containing particles of crack cocaine and crack cocaine stored in a laundry bag in the bathroom B. holding two prior convictions for distribution of crack relevant to show intent to distribute the crack found in defendants possession C. holding that the defendants prior distribution of crack was admissible to prove that he had intent and knowledge regarding crack found in a gym bag D. holding that district court did not err in determining that cocaine base was crack cocaine based on chemical analysis identifying cocaine base together with competent lay testimony bridging the evidentiary gap between cocaine base and crack cocaine and refusing to require showing of smokeability ie water solubility or melting point for purposes of establishing crack cocaine under the guidelines since smokeability distinguishes cocaine base from powder cocaine not from crack E. holding that a federal agents expert testimony regarding the characteristics of crack cocaine and the methods of its distribution was admissible and highly relevant in helping the jury resolve the central issue of whether the defendant possessed crack cocaine with intent to distribute

assistant: The best answer is E. holding that a federal agents expert testimony regarding the characteristics of crack cocaine and the methods of its distribution was admissible and highly relevant in helping the jury resolve the central issue of whether the defendant possessed crack cocaine with intent to distribute
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 provided for herein shall be given in the manner and subject to the terms of Section 12.01 of the Credit Agreement; provided that any such notice, request or demand to or upon any Guarantor shall be addressed to such Guarantor at its notice address set forth on Schedule 1 .

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: the Guidelines only when the plea agreement “expressly uses a Guidelines sentencing range applicable to the charged offense to establish the term of imprisonment.” Freeman v. United States, 564 U.S. 522, 131 S.Ct. 2685, 2695, 180 L.Ed.2d 519 (2011) (Sotomayor, J., concurring); United States v. Graham, 704 F.3d 1275, 1278 (10th Cir. 2013) (concluding Justice Soto-mayor’s concurring opinion “represents the Court’s holding” in Freeman). The plea agreement between Quinn and the Government provides for a specific term of 300 months’ imprisonment that is clearly set out in the agreement. The agreement does not contain the calculation of an advisory guidelines range or any statement that the proposed sentence was based on the Guidelines. Freeman, 131 S.Ct. at 2698 (Sotomayor, J., concurring) (<HOLDING>). Further, the plea agreement specifically Options: A. holding that the maximum revocation sentence is the top of the guidelines range B. holding if the plea agreement was not conditioned on the sentencing guidelines an appellant is not entitled to relief because his sentence is not illegal C. holding that despite the advisory nature of the sentencing guidelines they remain the starting point and the initial benchmark of a district courts sentencing analysis the district court should begin all sentencing proceedings by correctly calculating the applicable guidelines range and keep that range in mind throughout the sentencing process and that failing to calculate or improperly calculating the guidelines range or failing to adequately explain the chosen sentenceemdashincluding an explanation for any deviation from the guidelines range constitutes significant procedural error D. holding that sentencing guidelines commentary must be given controlling weight unless it violates the constitution or a federal statute or is plainly inconsistent with the guidelines itself E. holding a sentence is not based on the guidelines unless the plea agreement itself expressly uses a guidelines sentencing range to establish the term of imprisonment

assistant: The best answer is E. holding a sentence is not based on the guidelines unless the plea agreement itself expressly uses a guidelines sentencing range to establish the term of imprisonment
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: out to her mother? ... Which assault came first, Mr. Elliott, the one frontally or the one from behind while holding her neck with an electric cord, as you strangled her to death?”). The court pointed out that trial counsel objected and unsuccessfully sought a mistrial, and that the trial court sustained the objection as to the victim’s dying words. The PCRA court also emphasized that the trial court cautioned the jurors that that they should only consider the evidence proven at trial and that questions and statements of counsel are not evidence. Recognizing that jurors are presumed to have followed the trial court’s instructions, the PCRA court denied relief on this claim. PCRA Court Opinion, Oct. 13, 2010, at 23 (citing Commonwealth v. DeJesus, 580 Pa. 303, 860 A.2d 102, 111 (2004) (<HOLDING>)). Finally, the PCRA court rejected Elliott’s Options: A. holding that jurors were presumed to follow instructions similar to those in the instant case B. holding that a jury is presumed to follow the trial courts instructions C. holding that the law presumes that the jury will follow the courts instructions D. recognizing that jurors are presumed to follow instructions E. holding that it is presumed that the jury obeyed the trial courts instructions

assistant: The best answer is B. holding that a jury is presumed to follow the trial courts instructions
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: Following the use of all sick days to which the Executive is entitled under the policies applicable to the Company’s senior executives, while he is Disabled until the Date of Termination (the “Disability Period”), the Company shall, in lieu of payment of his Base Salary, pay the Executive (i) a disability benefit equal to 50% of the Base Salary that he would otherwise be entitled to receive for the Disability Period; (ii) subject to the terms and conditions of the applicable Company fringe benefit or incentive compensation plan or program, all other unpaid amounts, if any, to which the Executive is entitled as of the Executive’s date of disability, under any Company fringe benefit or incentive compensation plan or program, at the time such payments are due (including, without limitation, any Annual Bonus to the extent unpaid in respect of the calendar year ending prior to the date of the Executive’s disability); (iii) an amount equal to two times the Executive’s full Base Salary then in effect, in a lump sum within forty-five (45) days after such Date of Termination; and (iv) an amount equal to the product of the target Annual Bonus for the calendar year in which the Executive became Disabled multiplied by a fraction the numerator being the number of days in the calendar year of his termination due to his becoming Disabled prior to the commencement of the Disability Period, and the denominator being 365, in a lump sum within forty-five (45) days after such Date of Termination; provided , however , that any payments made to the Executive during the Disability Period shall be reduced by any amounts paid or payable to the Executive under any Company disability benefit plans. Subject to the terms of this Agreement, the Executive shall not be required to perform services under this Agreement during any period that he is Disabled. The Executive shall be considered “Disabled” during any period in which he has an illness, or a physical or mental disability, or similar incapacity, that renders him incapable, after reasonable accommodation, of performing his duties under this Agreement. In the event of a dispute as to whether the Executive is Disabled, the Company may refer the same to a licensed practicing physician of the Company’s choice, and the Executive agrees to submit to such tests and examinations as such physician shall deem appropriate. During the period in which the Executive is Disabled, the Company may appoint a temporary replacement to assume the Executive’s responsibilities.

assistant: Disability
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: impermissible guilt-by-association evidence by asking the defendant whether he knew a crack-cocaine dealer and if he knew that the dealer was present at the trial). 10 . United States v. Romans, 823 F.3d 299, 311 (5th Cir. 2016) (quotation marks omitted). See also United States v. Gallardo-Trapero, 185 F.3d 307, 317 (5th Cir. 1999) (''[I]n meeting its burden, the government may rely on circumstantial the same because "even excluding [the agent’s] impermissible testimony, there is still extensive evidence that [the defendant] knew about the drugs....”). 16 . United States v. Lowery, 135 F.3d 957, 959 (5th Cir. 1998) (per curiam) (quoting Kotteakos v. United States, 328 U.S. 750, 776, 66 S.Ct. 1239, 90 L.Ed. 1557 (1946)). 17 . See United States v. Winn, 948 F.2d 145, 159 (5th Cir. 1991) (<HOLDING>); United States v. Covarrubia, 52 F.3d 1068 Options: A. holding that new evidence must be evidence that is not merely cumulative B. holding error in admission of evidence is harmless when it was merely cumulative to other evidence in the record C. holding that admission of a summary chart was harmless because it was clear that the summary did not mislead the jury and the evidence introduced at trial was more than sufficient to prove the elements as to each defendant D. holding that new evidence is evidence not previously of record and not merely cumulative of other evidence E. holding that improper use of a summary chart was harmless because the evidence was merely cumulative and there was overwhelming evidence of the charged crime

assistant: The best answer is E. holding that improper use of a summary chart was harmless because the evidence was merely cumulative and there was overwhelming evidence of the charged crime
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 disclosed to Lender in writing, there is no claim, suit, litigation, proceeding or investigation pending or threatened against or affecting the Obligors. The Obligors will promptly inform Lender in writing of any claim, proceeding, litigation or investigation in the future threatened or instituted by or against any one or more of the Obligors.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: has expressed apprehension regarding arrest. See Looney v. State, 803 So.2d 656, 676-78 (Fla.2001); see also Trease v. State, 768 So.2d 1050, 1056 (Fla.2000); Sliney v. State, 699 So.2d 662 (Fla.1997). The statements made by Reynolds to Courtney regarding his apprehension of arrest given his previous record “appearf ] to be exactly the type of apprehension ... this Court finds determinative of establishing the avoid arrest aggravator.” Looney, 803 So.2d at 677. Notwithstanding the above, even if we were to agree with Reynolds and conclude that the trial court erred in finding this aggravating circumstance, the error would be harmless because we can state beyond a reasonable doubt that any error in this regard did not affect the result in this case. See DiGuilio, 491 So.2d at 1135 (<HOLDING>). Even if we struck this aggravating Options: A. holding that error is considered harmless if it is established beyond a reasonable doubt that the error complained of did not contribute to the verdict or alternatively stated that there is no reasonable possibility that the error contributed to the conviction B. holding that a constitutional error is harmless where it can be proved beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained C. holding that under the harmless error standard an appellate court must determine whether there is a reasonable possibility that the error complained of might have contributed to the conviction D. holding that an error is harmless if there is no reasonable possibility that it contributed to the conviction E. holding that harmless error test is satisfied when there is no reasonable possibility that the error contributed to the conviction

assistant: The best answer is A. holding that error is considered harmless if it is established beyond a reasonable doubt that the error complained of did not contribute to the verdict or alternatively stated that there is no reasonable possibility that the error contributed to the conviction
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 timely filed all Tax returns that are required to be filed (or filed timely extensions therefor) and has timely paid all Taxes shown to be due and payable on said returns or on any assessments made against it or any of its property and all other Taxes, fees or other charges imposed on it or any of its property by any governmental authority (other than any amount the validity of which is currently being contested in good faith by appropriate proceedings and with respect to which reserves in conformity with GAAP have been provided on the books of Borrower); and no Tax Lien has been filed, and no claim is being asserted, with respect to any such Tax, fee or other charge other than Permitted Liens. All such returns are true and accurate in all material respects. No administrative or court proceeding or audit or examination is presently pending or has been threatened in writing with regard to any Taxes or Tax returns of the Borrower or of the Parent with respect to any project consisting of a fuel cell power plant. Neither the Borrower nor the Parent has received any written proposal from a Governmental Authority proposing any adjustment to the Tax liability of the Borrower or the Parent, in connection with any Taxes or any Tax return that is pending or otherwise unsettled with respect to the Project or any other project consisting of a fuel cell power plant. No private letter ruling has been obtained or requested by the Borrower or the Parent from the Internal Revenue Service with respect to the Project.

assistant: Taxes
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 “economic damages” are much more expansive than the meaning encompassed by the term. For example, the Washington legislature declared that “[ejconomic damages” means objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities. RCW 4.56.250(l)(a). Relevantly, Washington’s product liability act (WPLA), chapter 7.72 RCW, defines “ ‘[h]arm’ ” to “include [ ] any damage [ ] recognized by courts of this state: PROVIDED, That the term ‘harm’ does not include direct or consequential economic loss under Title 62A RCW.” RCW 7.72.010(6) (emphasis added). Se 3, 111 N.E. 1050 (1916) (<HOLDING>). In large part, because of the growing Options: A. holding that notice of foreclosure that failed to provide a reinstatement balance was not defective in the absence of harm caused by the omission B. recognizing the cause of action C. holding that duty to protect from criminal acts does not arise in the absence of a foreseeable risk of harm D. holding cause of action for negligence against manufacturer of defective buses was barred by the economic loss rule notwithstanding absence of privity E. recognizing cause of action for products liability in the absence of privity of contract in light of the foreseeable risk of harm caused by defective automobiles

assistant: The best answer is E. recognizing cause of action for products liability in the absence of privity of contract in light of the foreseeable risk of harm caused by defective automobiles
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 required or permitted hereunder shall be in writing and deemed effectively given upon personal delivery or five days after deposit in the United States Post Office, by registered or certified mail, postage prepaid, addressed to the other parties hereto at the address set forth in the Company’s books and records, or at such other address or addresses as the parties shall designate to each other.

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: The Company may require payment of or withhold any tax which it believes is required as a result of this Performance Stock Award, and the Company may defer making delivery with respect to shares issuable hereunder until arrangements satisfactory to the Company have been made with respect to such tax withholding obligations.

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

user: (e) Receiving Party shall, at Disclosing Party's request, return all originals, copies, reproductions and summaries of Confidential Information and all other tangible materials and devices provided to the Receiving Party as Confidential Information, or at Disclosing Party's option, certify destruction of the same.

assistant: No
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in the outlier idea that employees are not engaged in their ordinary work-to-home travel when their circumstances require them to travel in a way that is not effectively voluntary and does not directly benefit themselves. The idea of voluntariness as a necessary component of ordinary work-to-home travel time has been explicitly rejected by some courts, see, e.g., Griffin v. S & B Engineers and Constructors, Ltd., 507 Fed.Appx. 377, 383-84 (5th Cir.2013) (per curiam) (finding commuting time non-eom-pensable even where construction workers were required to take employer buses to worksite), despite the fact that the language of voluntariness is often used to bolster courts’ conclusions that that no work occurs during travel time, see, e.g. Vega v. Gasper, 36 F.3d 417, 425 (5th Cir.1994) (<HOLDING>). The idea of voluntariness is also not found Options: A. holding that the juvenile defendants who voluntarily left their homes in the middle of night to ride to the police department in patrol cars and who were told they were not under arrest were not in custody B. holding that employees who transported live poultry from an independent growers farm to their employers processing plant were not agricultural laborers C. holding that farm workers who voluntarily choose to ride employers bus to and from field were engaged in noncompensable travel D. holding that causes of action for employers misrepresentation and breach of contract to replacement workers are not preempted E. holding that thirdparty tortfeasor has right to contribution from employer up to amount of employers workers compensation liability

assistant: The best answer is C. holding that farm workers who voluntarily choose to ride employers bus to and from field were engaged in noncompensable travel
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: Seller is a corporation duly organized, validly existing and in good standing under the laws of the State of Arizona. Seller has the full power, authority and legal right (A) to execute and deliver, and perform and observe the provisions of this Agreement and each Transaction Document, as defined herein, to which it is a party, (B) to transfer good, indefeasible title to the Property to Buyer free and clear of all liens, claims and encumbrances except for Permitted Exceptions (as defined in Section 5 hereof), and (C) to carry out the transactions contemplated hereby and by such other instruments to be carried out by such party.

assistant: Organizations
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 dispute or controversy, including, but not limited to, discrimination claims and claims involving a class, arising under or in connection with this Agreement or the Executive’s employment with Amneal, other than injunctive relief under Section 6.7 hereof, shall be settled exclusively by arbitration, conducted before a single arbitrator in New Jersey (applying New Jersey law) in accordance with the Commercial Arbitration Rules and Procedures of the American Arbitration Association then in effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties agree that upon the Route Management Effective Date, the terms of the “Route Management Services Addendum” attached hereto as Exhibit A will supersede and replace the Addendum #7 dated July 1, 2013 (as amended to date) and all related schedules in its entirety. The terms of the Exhibit A are hereby expressly incorporated into and made a material part of this Addendum #8 and the Agreement by reference. In the event of any conflict or inconsistency between this Addendum #8 (including its Exhibit A) and the rest of the Agreement, the terms of this Addendum #8 (including its Exhibit A) shall govern. Except as expressly amended hereby, all of the terms and conditions of the Agreement are hereby ratified and confirmed, and shall remain in full force and effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: between the defendant who “fails to surrender after the sentence has been pronounced” and who therefore “is not faced with a potential sentence of the statutory maximum, but instead knows the actual sentence that has been imposed,” and the defendant “who fails to appear pending trial ... [who] has no knowledge of what sentence he will ultimately receive,” and for whom “the possibility remains that [he] will be sentenced to serve the statutory maximum sentence for the underlying offense.” 887 F.2d at 891. The court concluded that imposing the § 2J1.6(b) enhancement on defendants like Lee who fall in the first category is unreasonable, although the enhancement would be proper for defendants who fall within the latter category. But see United States v. Harper, 932 F.2d 1073 (5th Cir.) (<HOLDING>), cert. denied, — U.S. -, 112 S.Ct. 443, 116 Options: A. holding that apprendi does not apply where the defendant was sentenced to less than the statutory maximum B. holding that any apprendi error is harmless if the defendant is sentenced to less than the statutory maximum C. holding in contrast to lee that even when a defendant skipped bail after he had been sentenced to less than the statutory maximum the 2j16b enhancement of 9 levels was properly applied D. holding statutory maximum for prior conviction is the potential maximum sentence defined by the applicable state criminal statute not the maximum sentence which could have been imposed against the particular defendant according to the states sentencing guidelines E. holding that the purpose of the credit statute is to provide credit for confinement where 1 bail has been set for the defendant and 2 the defendant was financially unable to post the bail

assistant: The best answer is C. holding in contrast to lee that even when a defendant skipped bail after he had been sentenced to less than the statutory maximum the 2j16b enhancement of 9 levels was properly applied
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 Plan is effective as of February 10, 2016, the date of its approval by the Board (the “ Effective Date ”). This Plan shall be submitted for and subject to stockholder approval no later than twelve months after the Effective Date. Unless earlier terminated by the Board and subject to any extension that may be approved by stockholders, this Plan shall terminate at the close of business on the day before the tenth anniversary of the Effective Date. After the termination of this Plan either upon such stated termination date or its earlier termination by the Board, no additional awards may be granted under this Plan, but previously granted awards (and the authority of the Administrator with respect thereto, including the authority to amend such awards) shall remain outstanding in accordance with their applicable terms and conditions and the terms and conditions of this Plan.

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: (a) Subject to the provisions of Section 2.21 , the Term Commitments shall automatically terminate on the Closing Date immediately upon the making of the Initial Term Loans on such date. The Revolving Commitments, the Swingline Commitment and the LC Commitment shall automatically terminate on the Revolving Maturity Date.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we may also , at our discretion , choose to monitor and/or record your interaction with the service or your communications with zynga or other players ( including without limitation chat text and voice communications ) when you are using 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 legal provision and list the applicable contract clause categories. Provision: This Agreement shall terminate with respect to a Shareholder at the earlier of (i) the date on which such Shareholder ceases to own (or deemed to own as provided in this Agreement) Registrable Securities and (ii) the date on which such Shareholder ceases to own (or is deemed to own as provided in this Agreement) at least one percent (1%) of the outstanding Common Stock at such time of written notice of such Shareholder’s termination of this Agreement with respect to such Shareholder; provided , that the provisions of Sections 7 and 8 with respect to such Shareholder shall survive any such termination; and, provided, further, that for the avoidance of doubt, any underwriter lock-up that a Shareholder has executed prior to a Shareholder’s termination in accordance with this clause shall remain in effect in accordance with its terms.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: condition, which the evidence primarily addressed and which United received for the first time on appeal. Thus, the physician suggested that United have Hall attend an IME if it intended to allow benefits based on Hall’s current condition. United immediately contacted Hall and set the IME within the extension deadline. A few days later, United sent another letter to Hall explaining this exact argument. Thus, United concludes that its request for an IME was made in good faith. The Court agrees. Accordingly, the Court finds that United’s plan allows it to require Hall to attend an IME during the appeal process and that Hall’s refusal to attend the IME resulted in him not exhausting his administrative remedies. See Zalka v. Unum Life Ins. Co., 65 F.Supp.2d 1369, 1371 (S.D.Fla. 1998) (<HOLDING>); accord Hunter, 251 F.Supp.2d at 111-12 Options: A. holding that the plaintiffs refusal to submit to an ime and immediately filing suit precluded the defendant from completing its administrative reviewing of her claim B. holding that an employees private arbitration agreement with her employer precluded her from filing suit against the employer under the adea C. holding that the timely filing of an administrative charge of discrimination is a prerequisite to bringing suit D. holding that the plaintiff was precluded from asserting her failure to promote claim as a continuing violation E. holding that plaintiffs failure to raise a claim in an administrative complaint with osha precluded pursuing that claim in district court

assistant: The best answer is A. holding that the plaintiffs refusal to submit to an ime and immediately filing suit precluded the defendant from completing its administrative reviewing of her claim
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 payments to be made by the Company to the Lender in connection with the Loan, including any repayment, prepayment, payment of Interest, fees and all other amounts required to be paid to the Lender under the Transaction Documents, together with VAT (to the extent applicable), shall be made in. Euros by bank transfer to an account designated in writing by the. Lender.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a danger to those on the arrest scene.” Buie, 494 U.S. at 337, 110 S.Ct. at 1099-100. In order to perform a protective sweep that comports with the requirements of the Fourth Amendment, the officers must in the first place be lawfully within the premises. See Caraballo, 595 F.3d at 1224-25. Because the officers’ initial warrantless entry into Tim-mann’s apartment was unreasonable under the Fourth Amendment, the officers were not lawfully on the premises. Thus, the District Court erred in holding that the officers’ subsequent forced entry into Timmann’s locked bedroom was a lawful protective sweep. Neither was the officers’ entry into Tim-mann’s bedroom justified under the emer gency aid exception. Because the officers’ initial entry into Timmann’s apart F.2d 308, 318 (5th Cir.1968) (<HOLDING>), overruled on other grounds by United States Options: A. holding that direct and indirect evidence from unlawful searches is inadmissible B. holding a confession resulting from an unlawful seizure and subsequent narcotics arrest was the fruit of the poisoned tree and therefore inadmissible C. holding that evidence that would not have been obtained but for an unlawful search must be excluded as fruit of the poisonous tree D. holding evidence found pursuant to warrant based on probable cause provided by prior illegal entry was inadmissible as fruit of the poisonous tree E. holding incriminating statements defendant made when police officers questioned him regarding heroin the officers found during an unlawful search of defendants house were fruit of the poisonous tree

assistant: The best answer is B. holding a confession resulting from an unlawful seizure and subsequent narcotics arrest was the fruit of the poisoned tree and therefore inadmissible
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 or other communications or deliveries hereunder (including, without limitation, any Exercise Notice) shall be in writing and shall be deemed given and effective on the earliest of (i) the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number specified in the Purchase Agreement prior to 5:30 p.m., New York City time, on a Trading Day, (ii) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number specified in the Purchase Agreement on a day that is not a Trading Day or later than 5:30 p.m., New York City time, on any Trading Day, (iii) the Trading Day following the date of mailing, if sent by nationally recognized overnight courier service specifying next business day delivery, or (iv) upon actual receipt by the Person to whom such notice is required to be given, if by hand delivery. The address and facsimile number of a Person for such notices or communications shall be as set forth in the Purchase Agreement unless changed by such Person by two Trading Days’ prior notice to the other Person(s) in accordance with this Section 13 .

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: be required. Id. Special rules of construction apply to evaluating summary judgment motions: the court must draw all reasonable inferences in favor of the nonmoving party, and it may not make credibility determinations or weigh the evidence. Lytle v. Household Mfg., Inc., 494 U.S. 545, 554-55, 110 S.Ct. 1331, 108 L.Ed.2d 504 (1990). “Credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a.judge.” Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). The Ninth Circuit has reiterated that a high standard exists for granting of summary judgment in employment discrimination cases. Schnidrig v. Columbia Machine, Inc., 80 F.3d 1406, 1410 (9th Cir. 1996) (<HOLDING>) (citations omitted); see also Lam v. Options: A. holding that courts should require very little evidence to survive summary judgment in a discrimination case because the ultimate question is one that can be resolved only through a searching inquiry one that is most appropriately conducted by the factfinder upon a full record B. recognizing that the ultimate question of the voluntariness of consent is one of law C. holding that credibility determinations should not be resolved at the summary judgment stage D. holding that issue of whether death was proximately caused by intervenihg and superseding cause was not appropriately resolved by summary judgment E. holding that the issue of defendants actual knowledge should not be resolved on summary judgment but should be left to the trier of fact

assistant: The best answer is A. holding that courts should require very little evidence to survive summary judgment in a discrimination case because the ultimate question is one that can be resolved only through a searching inquiry one that is most appropriately conducted by the factfinder upon a full record
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: Law 69 fails the reasonable relationship test because it allegedly does riot further what Plaintiff characterizes as the City’s proffered rationale for the Law&emdash;to reduce the poaching of high-value recyelables. Plaintiff argues that the true motive of the City is to generate revenue by shifting the cost of refrigerant recovery from the City to manufacturers. The City responds that it had other motives. These arguments are misplaced. Whether a law falls within the City’s police powers does not depend on the lawmakers’ subjective intent or the parsing of their proffered or true motives. Rather, the test is whether the law bears a reasonable relationship to the health, safety or welfare of the community, which waste disposal plainly does. See Good Humor Corp., 49 N.E.2d at 155-56 (<HOLDING>); cf. Albany Area Builders Ass’n, 534 N.Y.S.2d Options: A. holding that the question of whether police had a reasonable basis for finding that a third party had authority to consent to search is a question of law B. recognizing that whether a duty exists is a question of law for the courts C. holding that the question of whether an existing constitutional right is infringed is strictly a question of law D. holding that a defendant is in custody and miranda applies even when the purpose of defendants detention is unrelated to the purpose of the interrogation E. holding that the the statement of the purpose of the law in question in the committee report is not conclusive and reiterating that the question is whether the law is reasonably calculated to achieve a legitimate police power purpose

assistant: The best answer is E. holding that the the statement of the purpose of the law in question in the committee report is not conclusive and reiterating that the question is whether the law is reasonably calculated to achieve a legitimate police power purpose