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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof and, except as expressly provided in Section 2, supersedes all prior agreements and understandings, written or oral, with respect thereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any election made by the Participant under Section 6.1, in the event of a Change in Control, all amounts then credited to the Participant’s Account shall be distributed to the Participant in a single lump sum within 60 days following the date of such Change in Control.

assistant: Change In Control
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: Without Lender’s prior written consent, no Borrower shall create, incur, assume, permit or suffer to exist any Lien on all or any portion of any Property or any direct or indirect legal or beneficial ownership interest in any Borrower, except Liens in favor of Lender and Permitted Encumbrances, unless such Lien is bonded or discharged within thirty (30) days after any Borrower first receives notice of such Lien. Provided, however , after prior notice to Lender, a Borrower, at its own expense, may contest by appropriate legal proceeding, conducted in good faith and with due diligence, the amount or validity of any Liens, provided that (i) no Event of Default remains uncured; (ii) such proceeding shall be permitted under and be conducted in accordance with all applicable statutes, laws and ordinances; (iii) neither the Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost; (iv) Borrowers shall promptly upon final determination thereof pay the amount of any such Liens, together with all costs, interest and penalties which may be payable in connection therewith; (v) to insure the payment of such Liens, Borrowers shall deliver to Lender either (A) cash, or other security as may be approved by Lender, in an amount equal to one hundred twenty-five percent (125%) of the contested amount or (B) a payment and performance bond in an amount equal to one hundred percent (100%) of the contested amount from a surety acceptable to Lender in its reasonable discretion, (vi) failure to pay such Liens will not subject Lender to any civil or criminal liability, (vii) such contest shall not materially and adversely affect the ownership, use or occupancy of the Property, and (viii) Borrowers shall, upon request by Lender, give Lender prompt notice of the status of such proceedings and/or confirmation of the continuing satisfaction of the conditions set forth in clauses (i) through (vii) of this Section 5.27 . Lender may pay over any such cash or other security held by Lender to the claimant entitled thereto at any time when, in the reasonable judgment of Lender, the entitlement of such claimant is established or the Property (or any part thereof or interest therein) shall be in imminent danger of being sold, forfeited, terminated, cancelled or lost or there shall be any danger of the Lien of the Mortgage being primed by any related Lien.

assistant: Liens
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 that any dividend or other distribution (whether in the form of cash, Common Stock, other securities, or other property), recapitalization, stock split, reverse stock split, reorganization, merger, consolidation, split-up, spin-off, combination, repurchase, or exchange of Common Stock or other securities of the Company, or other change in the corporate structure of the Company affecting the Common Stock occurs, the Administrator, in order to prevent dilution or enlargement of the benefits or potential benefits intended to be made available under the Plan, will, in such manner as it may deem equitable, adjust the number and class of Common Stock that may be delivered under the Plan, the Purchase Price per share and the number of shares of Common Stock covered by each option under the Plan that has not yet been exercised, and the numerical limits of Sections 7 and 13.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: bars “claims that arise from alleged misrepresentations, whether negligent or intentional,” citing Block v. Neal, 460 U.S. 289, 296, 103 S.Ct. 1089, 75 L.Ed.2d 67 (1983)) (internal citations and quotations omitted); see also Gardner v. United States, 213 F.3d 735, 737 n. 1 (D.D.C.2000) (concluding that the plaintiffs defamation claim against the United States was barred); Wilson v. U.S. Dep’t of Transp., 759 F.Supp.2d 55, 64 (D.D.C.2011) (dismissing a former federal employee’s defamation claim because the FTCA explicitly bars such claims); Upshaw v. United States, 669 F.Supp.2d 32, 44 (D.D.C.2009) (dismissing defamation claim of former Library of Congress employee due to lack of subject matter jurisdiction under the FTCA); DeGeorge v. United States, 521 F.Supp.2d 35, 40 (D.D.C.2007) (<HOLDING>); Bonham v. U.S. Gov’t Med. Review Bd., No. Options: A. holding ftca claim barred bivens claim the moment judgment was entered against the government B. holding that misrepresentation was essential to plaintiffs claim C. holding that determination of timely filing of complaint under ftca was independent of the merits of plaintiffs ftca claim D. holding that the ftca barred plaintiffs claim for misrepresentation where alleged false statements made by us agents resulted in destruction of plaintiffs boat E. holding because plaintiff had not alleged defendant made a misrepresentation or that the alleged defect posed a safety risk the district court properly dismissed plaintiffs fraudulent concealment claim

assistant: The best answer is D. holding that the ftca barred plaintiffs claim for misrepresentation where alleged false statements made by us agents resulted in destruction of plaintiffs boat
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: Michael and the Human Resources Department that she would not go to work in the garage to pass out registration forms because she was feeling ill and was concerned that the fumes in the garage would make her feel worse. This evidence satisfies the statutory test for good cause for leaving the job. § 443.101(l)(a)l., Fla. Stat. (2010); Humble v. Unemployment Appeals Comm’n, 963 So.2d 956 (Fla. 2d DCA 2007); Vajda v. Fla. Unemployment Appeals Comm’n, 610 So.2d 645 (Fla. 3d DCA 1992). We conclude that the Viera has presented competent substantial evidence that she left her job for good cause within the meaning of the unemployment compensation statute and is not disqualified from receiving benefits. See Vajda; see also Salinas v. Eastern Aero Marine, 908 So.2d 1169, 1171 (Fla. 3d DCA 2005) (<HOLDING>); Delaughter v. Fla. Unemployment Appeals, 847 Options: A. holding that claimants refusal to comply with supervisors order to perform production work did not constitute misconduct that would preclude award of unemployment compensation benefits as claimant had previously suffered from allergies from chemicals used in manufacturing department B. holding that isolated incident in which claimant raised voice at his supervisor in private office but in front of two other employees and possibly used profanity did not constitute misconduct sufficient to deny unemployment compensation benefits C. holding that the consideration of the fact that claimant collected unemployment benefits while he was allegedly disabled was not a ground for reversal where there was other medical and vocational evidence supporting denial of benefits and claimants receipt of unemployment benefits was not decisive factor in denial of benefits D. holding that district court had discretion to decline to deduct unemployment insurance benefits from damages award E. holding that an isolated incident in which an employee used profanity in a telephone conversation with her supervisor did not constitute misconduct sufficient to cut off unemployment benefits

assistant: The best answer is A. holding that claimants refusal to comply with supervisors order to perform production work did not constitute misconduct that would preclude award of unemployment compensation benefits as claimant had previously suffered from allergies from chemicals used in manufacturing department
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and other documents delivered in connection herewith represent the entire agreement between the parties hereto with respect to the subject matter hereof and may be amended only by a writing executed by the Company and the Creditor. Neither the Company nor the Creditor has relied on any representations not contained or referred to in this Agreement and the documents delivered herewith. No right or obligation of the Company shall be assigned without prior notice to and the written consent of the Creditor.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for J. Jeffrey Brausch & Company, no broker, finder or investment banker is entitled to any brokerage, finder’s or other fee or commission in connection with the transactions contemplated by this Agreement or any Ancillary Document based upon arrangements made by or on behalf of Parent or Merger Sub.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Warrant may be modified or amended or the provisions hereof waived with the written consent of the Company and the holders of Series S Warrants representing at least two-thirds of the shares of Common Stock issuable upon exercise of such Series S Warrants.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice to be given under the terms of this Agreement to the Company shall be addressed to the Company in care of the Secretary of the Company at the Company’s principal office, and any notice to be given to Grantee shall be addressed to Grantee at Grantee’s last address reflected on the Company’s records. By a notice given pursuant to this Section 5.5 , either party may hereafter designate a different address for notices to be given to that party. Any notice that is required to be given to Grantee shall, if Grantee is then deceased, be given to the person entitled to exercise the Option pursuant to Section 4.1 hereof by written notice under this Section 5.5 . Any notice shall be deemed duly given when sent via email or when sent by certified mail (return receipt requested) and deposited (with postage prepaid) in a post office or branch post office regularly maintained by the United States Postal Service.

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: to dismiss for failure to state a cause of action is not a substitute for a motion for summary judgment, and in ruling on such a motion, the trial court is confined to a consideration of the allegations found within the four.corners of the complaint.”). We begin our analysis1 by noting that the Personal Representatives are duly appointed legal representatives of the Estate, with the capacity to bring an action on the Estate’s behalf and charged with the obligation to take possession of Norman’s property for purposes of administration. See §§ 733.602; 733.607(1), Fla. Stat. (2011); Tennyson v. ASCAP, 477 F. App’x 608 (11th Cir.2012); Sullivan v. Sessions, 80 So.2d 706 (Fla.1955); Brake v. Murphy, 687 So.2d 842 (Fla. 3d DCA 1996); cf. Disque v. Unger, 955 So.2d 1121 (Fla. 4th DCA 2007) (<HOLDING>). To that end, the Personal Representatives Options: A. holding that where all substantive claims are properly dismissed there is no basis for injunctive relief B. holding that a pro se complaint should not be dismissed unless it appears that the plaintiff can prove no set of facts which would entitle him to relief C. holding that where no colorable claim can be construed from a complaint it should be dismissed D. recognizing that one of those conditions for a district judge to grant leave to amend the complaint may properly be that claims contained in the original complaint but not included in the amended complaint be considered dismissed with prejudice E. holding that trial court properly dismissed estates complaint for declaratory relief where outcome would be of no financial benefit to estate

assistant: The best answer is E. holding that trial court properly dismissed estates complaint for declaratory relief where outcome would be of no financial benefit to estate
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in consideration for the rights granted to you under the agreements , you grant us the right ( 1 ) to allow the spotify service to use the processor , bandwidth , and storage hardware on your device in order to facilitate the operation of the service , ( 2 ) to provide advertising and other information to you , and ( 3 ) to allow our business partners to do the same .

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: has argued that this offense is a first degree felony, and as a habitual offender, Betty could be sentenced up to life in prison. Contrary to what we said in Major, which was dicta and did not directly control the outcome of the case, this court, and other districts, have consistently ruled that attempted robbery with a deadly weapon is a second degree felony. See Whidden v. State, 374 So.2d 543, 545 (Fla. 2d DCA 1979) (discussing the robbery statute and concluding that attempted robbery with a deadly weapon is a second degree felony as provided in the attempt statute, section 777.04); see also Williams v. State, 850 So.2d 656 (Fla. 1st DCA 2003) (citing Whidden and recognizing that attempted armed robbery is a second degree felony); Lopez v. State, 781 So.2d 473 (Fla. 3d DCA 2001) (<HOLDING>); Westbrook v. State, 617 So.2d 782 (Fla. 4th Options: A. recognizing that deadly weapon finding may be made even when weapon used is unknown B. holding hand can be deadly weapon C. holding that use of deadly weapon extends as well to any employment of a deadly weapon even its simple possession if such possession facilitates the associated felony D. holding that the crime of attempted first degree felony murder does not exist E. recognizing that attempted robbery with a deadly weapon is a second degree felony

assistant: The best answer is E. recognizing that attempted robbery with a deadly weapon is a second degree felony
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties hereto intend and believe that each provision in this Agreement comports with all applicable local, state and federal Laws. However, if any provision or provisions, or if any portion of any provision or provisions, in this Agreement is found by a court of law to be in violation of any applicable Laws, and if such court declares such portion, provision, or provisions of this Agreement to be illegal, invalid, unlawful, void or unenforceable as written, then it is the intent of all parties hereto that such portion, provision, or provisions shall be given force to the fullest possible extent that they are legal, valid and enforceable, and that the remainder of this Agreement shall be construed as if such illegal, invalid, unlawful, void, or unenforceable portion, provision, or provisions were not contained herein, and that the rights, obligations, and interests of Borrower and Lender under the remainder of this Agreement shall continue in full force and effect.

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 legal provision and list the applicable contract clause categories. Provision: Executive, as one Party to this Section, and Cogentix and the current and former members of Cogentix’s Board of Directors who are signatories to this Agreement, as the other Party to this Section, agree to refrain from making, causing to be made (directly or indirectly), confirming or expressing agreement with any statement or announcement, whether written or oral or in any electronic medium, that relates to and constitutes an ad hominem attack on, or otherwise disparages or is critical of, personally or professionally, (a) the other Party to this Section, (b) the terms of this Agreement, (c) each Party’s advisors, or (d) any the other Party’s affiliated companies, on or following the date hereof, including but not limited to (i) in any document or report filed with or furnished to (or reasonably expected to be filed with or furnished to) the SEC or any other governmental agency, (ii) in any press release or other publicly available format, (iii) to any stockholder of Cogentix or prospective stockholder of Cogentix, (iv) to any journalist or member of the media (including, without limitation, in a television, radio, newspaper or magazine interview), (v) or otherwise in any written, oral or electronic statement, including but not limited social media. The foregoing shall not prevent the making of any factual statement in any compelled testimony or production of information, either by legal process, subpoena, or as part of a response to a request for information from any governmental authority with jurisdiction over the party from whom information is sought.

assistant: Non-Disparagement
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 Award is made in full and final satisfaction of the Company’s and its Affiliates’ obligations arising under Section 4(b)(ii) of the Employment Agreement with respect to the grant of the First / Second 2 Tranche Promotion Restricted Stock Award (as defined in Section 4(b)(ii) of the Employment Agreement). The Plan, the Grant Notice and this Agreement (including all Exhibits thereto, if any) constitute the entire agreement of the parties and supersede in their entirety all prior undertakings and agreements of the Company and its Affiliates and the Participant with respect to the subject matter hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of New York.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before October 23, 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: VELCO and the Public Service Department argue, in response, that this Court generally defers to the Board’s interpretation of an enabling statute -within its particular expertise, and that Shelburne has identified no “compelling indication of error” in the Board’s approach. In re Vt. Yankee Nuclear Power Station, 2003 VT 53, ¶ 5, 175 Vt. 368, 829 A.2d 1284. Although the issue is well framed and significant, we find that there is no need to address it here. While Shelburne takes issue with the Board’s narrow definition of “land conservation measures,” it does not argue that it was prejudiced by the Board’s interpretation, or explain how, if at all, a broader approach would have changed the result. See Mellin v. Flood Brook Union Sch. Dist., 173 Vt. 202, 216, 790 A.2d 408, 421 (2001) (<HOLDING>). ¶ 27. We note, furthermore, that despite its Options: A. holding trial court did not abuse its discretion by ruling based only on affidavits B. holding that we will not overturn a denial of a rule 59 motion absent an abuse of discretion C. holding that if the trial court acts under a misconception of the applicable law we need not defer to its ruling D. holding that we need not overturn trial court ruling where it did not harm the plaintiff and its resolution would not alter the outcome E. holding that we will overturn the factual findings of the district court only where we have a definite and firm conviction that a mistake has been committed

assistant: The best answer is D. holding that we need not overturn trial court ruling where it did not harm the plaintiff and its resolution would not alter the outcome
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: he had committed no breach, and neither party had notified the other of the termination of the contract. A negative answer is required, Greenbelt theorizes, because Johnson and Greenbelt had no contract at the time the meter was removed, the substitution of Castleberry for Johnson as a party to the contract operating, if not to terminate the contract, at least to amend or modify it to provide that Castleberry was the one to whom service was furnished and terminated for nonpayment. It is unprofitable to speculate on the matter of a rescission or termination of the 1972 contract inasmuch as the parties themselves do not seriously contend for an intent to void the contract per se. Cf. Southern Travelers’ Ass’n v. Wright, 34 5.W.2d 823, 826 (Tex. Com’n App.1931, holdings approved) (<HOLDING>). Johnson testified that by his August, 1974 Options: A. holding that the consent of both parties is required to annul their contract B. holding that when a contract is unambiguous the court will enforce the plain meaning of the contract as the intention of the parties C. holding that both plaintiff and defendant could be prevailing parties within meaning of lease agreement because both parties achieved some judgment on the merits of their claims or counterclaims at trial D. holding that parties can stipulate that they were both parties to a contract and thus the real parties in interest even when one party did not sign the contract E. holding that a consent judgment is essentially a contract

assistant: The best answer is A. holding that the consent of both parties is required to annul their contract
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: 2004) (stating that exclusion of a defense witness because of a defense disclosure violation is a severe sanction that should be a last resort reserved for extreme or aggravated circumstances); Livigni v. State, 725 So.2d 1150, 1151 (Fla. 2d DCA 1998) (stating that the severe sanction of defense witness exclusion for witness list violation should be a last resort reserved for extreme or aggravated circumstances). When, as in this case, the discovery violation is committed by the defense, special importance attaches to the trial court’s inquiry into alternative sanctions because exclusion of exculpatory evidence implicates the defendant’s constitutional right to defend himself or herself. See Alexander, 931 So.2d at 950; see also McBride v. State, 913 So.2d 696, 699 (Fla. 1st DCA 2005) (<HOLDING>). In this case, the trial court did not Options: A. holding that relevant evidence supporting a defendants theory of defense should not be excluded unless no other remedy suffices B. holding that a criminal defendant has a due process right to present evidence and that exclusion of evidence for a defense discovery violation should be imposed only if no other remedy suffices C. holding that due process right to present a defense is subject to forfeiture if not properly asserted in the trial court D. holding that the exclusion of cumulative evidence did not materially impact defendants right to present a defense E. recognizing a criminal defendants right to present a complete defense

assistant: The best answer is B. holding that a criminal defendant has a due process right to present evidence and that exclusion of evidence for a defense discovery violation should be imposed only if no other remedy suffices
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: to refuse jurisdiction over a challenge to a state tax regime’s allegedly preferential treatment of cable companies over satellite TV companies. DIRECTV, Inc. v. Tolson, 513 F.3d 119, 126-28 (4th Cir.2008). In judging U.S. Brewers to be good law, the Fourth Circuit recognized that Hibbs discussed the Court’s prior comity precedent. Id. at 127. The Fourth Circuit saw this discussion as the Court’s way of “underscoring] the unusual claim before the Court in Hibbs.” Id. The Fourth Circuit also relied on earlier comity precedent for the proposition that “the comity principle underlying the TIA is broader than the Act itself, and its scope is not restricted by [the TIA].” Id. (citing Fair Assessment in Real Estate Ass’n v. McNary, 454 U.S. 100, 110, 102 S.Ct. 177, 70 L.Ed.2d 271 (1981) (<HOLDING>)). The Fourth Circuit also concluded that Hibbs Options: A. holding that a state is not a person under 42 usc 1983 B. holding that principles of comity bar challenges to state tax law which seek money damages under 42 usc 1983 C. holding that a municipality is immune from punitive damages under 42 usc 1983 D. holding that principles of tort damages on which 42 usc 1983 is grounded require plaintiff to prove actual injury E. recognizing right of prisoners to seek relief under 42 usc 1983 for denial of access to the courts

assistant: The best answer is B. holding that principles of comity bar challenges to state tax law which seek money damages under 42 usc 1983
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 the Law of Duress: Justifying the Excuse and Searching for Its Proper Limits, 62 S. Cal. L. Rev. 1331, 1366 (1989) (stating that “[a]t its core, the defense of duress requires us to determine what conduct we, a society of individual members of the human race, may legitimately expect of our fellow threatened humans”). Indeed, the MPC, in developing the defense, determined that duress had to be treated differently and kept exceptional because of the moral implications inherent in excusing a defendant who “rationally and intentionally” chooses to commit an unlawful act that may actually include harming an innocent third party. Laura K. Dore, Downward Adjustment and the Slippery Slope: The Use of Duress in Defense of Battered Offenders, 56 Ohio St. L.J. 665, 747-48 and 747 n. 339 (1995) (<HOLDING>); see also Dressier, supra, 62 S. Cal. L. Rev. Options: A. recognizing public policy against permitting judicial relief to those injured in the course of committing a serious criminal act but refusing to extend policy beyond claims where the parties to the suit were involved in the underlying criminal conduct B. holding that firstdegree murder is one crime although the defendant can commit the crime in several ways C. recognizing that entrapment is a statutory defense rooted in the notion that congress could not have intended to criminally punish those who commit elements of crime but are induced by the government to commit the acts and that outrageous conduct defense is rooted in constitutional law D. recognizing public policy considerations that undergirded determination to limit the defense to the most serious types of pressures to commit crime E. holding that the decision not to remove materials during canal construction was based not on policy judgments but on technical scientific engineering considerations and thus is not susceptible to policy considerations

assistant: The best answer is D. recognizing public policy considerations that undergirded determination to limit the defense to the most serious types of pressures to commit 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 case excerpt and choose the best holding from the options. Case excerpt: § 12-562(B). Nevertheless, “claims involving lack of consent, i.e., the doctor’s failure to operate within the limits of the patient’s consent, may be brought as battery actions.” Duncan v. Scottsdale Med. Imaging, Ltd., 205 Ariz. 306, 310, ¶ 13, 70 P.3d 435, 439 (2003). For consent to be effective, it must be “to the particular conduct, or substantially the same conduct.” Id. at 311, ¶ 16, 70 P.3d at 440 (citing Restatement § 892A(2)(b)). As our supreme court further observed in Duncan: The terms and reasonable implications of the consent given determine the scope of the particular conduct covered. Restatement § 892A cmt. d. The “scope” of consent is an issue for the trier of fact to determine. Id.; see also Cathemer v. Hunter, 27 Ariz.App. [780,] 785, 558 P.2d [975,] 980 [ (1976) ] (<HOLDING>). “[A]nything greater or different than the Options: A. holding that when a physician allegedly ignored the instructions of a patient and operated on the tip of the patients nose causing a turned up nose the patients general consent to rhinoplasty was not conclusive proof the patient had consented to the additional work and an action for battery could be brought B. holding that an operation without the patients consent sounds in battery C. holding that a patient who endures an operation without his consent may base his action on a tortious battery D. holding that a psychiatrist had no duty to detain a patient who killed himself and injured his wife because the patient was outside of the scope of the facilitys range of observation and control even when the psychiatrist agreed to treat the patient the patient had suicidal tendencies and the psychologist took the patient into custody but then later permitted him to leave E. holding a jury question existed as to whether a patient consented to an operation and whether the operation received was substantially similar to the operation to which the patient consented so as to be within the scope of the consent

assistant: The best answer is E. holding a jury question existed as to whether a patient consented to an operation and whether the operation received was substantially similar to the operation to which the patient consented so as to be within the scope of the consent
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: Counterparty understands, acknowledges and agrees that: (A) at any time on and prior to the Expiration Date, Dealer and its affiliates may buy or sell Shares or other securities or buy or sell options or futures contracts or enter into swaps or other derivative securities in order to adjust its hedge position with respect to the Transaction; (B) Dealer and its affiliates also may be active in the market for Shares other than in connection with hedging activities in relation to the Transaction; (C) Dealer shall make its own determination as to whether, when or in what manner any hedging or market activities in securities of Issuer shall be conducted and shall do so in a manner that it deems appropriate to hedge its price and market risk with respect to the Relevant Prices; and (D) any market activities of Dealer and its affiliates with respect to Shares may affect the market price and volatility of Shares, as well as the Relevant Prices, each in a manner that may be adverse to Counterparty.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Lessor is represented by David Stokes of Cushman & Wakefield NorthMarq (“Lessor’s Broker”) and Lessee is represented by Mark Sims and Charlie Merwin of Cushman & Wakefield NorthMarq (“Lessee’s Broker”). Lessor shall pay a commission to Lessor’s Broker pursuant to a separate agreement. Lessor’s Broker may share the commission with Lessee’s Broker.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that any portion of this Agreement or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect and the application of such portion to other persons or circumstances will be interpreted so as reasonable to effect the intent of the parties hereto .

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 legal provision and list the applicable contract clause categories. Provision: This Agreement shall expire five (5) year from the Effective Date unless extended or modified in writing signed by the Parties. Either Party may terminate this Agreement, with or without cause, at any time with written notice to the other Party. For the avoidance of doubt, the expiration or termination of this Agreement shall not affect the use, handling or disclosure of Proprietary Information received before such termination or expiration.

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: A Participant’s receipt of Severance Benefits will be subject to his or her, during his or her employment with the Employer and for one (1) year thereafter, not disparaging the Company (or any parent or subsidiary) or any of the shareholders, directors, officers, employees, or agents of the Company (or any parent or subsidiary). Nothing contained in this Section 6.6 is intended to prevent the Participant from testifying truthfully in any legal or regulatory proceeding. Any Severance Benefits will terminate immediately for a Participant if he or she, at any time, violates this Section 6.6.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you purchased a subscription with a payment method other than credit card , paypal or moneybookers ( skrill ) , and you have enabled auto-recharge , your skype credit balance will be recharged with the amount necessary to purchase your next recurring subscription .

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: When the Shares are issued as payment for exercised SARs, the Grantee will recognize immediate U.S. taxable income if the Grantee is a U.S. taxpayer. If the Grantee is a non-U.S. taxpayer, the Grantee will be subject to applicable taxes in his or her jurisdiction. The Company (or the employing parent of the Company or Subsidiary) will withhold a portion of the Shares otherwise issuable in payment for exercised SARs that have an aggregate market value sufficient to pay the federal, state and local income, employment and any other applicable taxes required to be withheld by the Company (or the employing parent of the Company or Subsidiary) with respect to the Shares, not to exceed the amount determined by using the maximum federal, state or local marginal income tax rates applicable to the Grantee or the Company, as applicable, with respect to the Shares on the date that the amount of tax to be withheld or remitted is to be determined. No fractional Shares will be withheld or issued pursuant to the exercise of SARs and the issuance of Shares thereunder. Notwithstanding anything herein to the contrary, the Company (or the employing parent of the Company or Subsidiary) may instead, in its discretion, withhold an amount necessary to pay the applicable taxes from the Grantee’s paycheck, with no withholding of Shares. In the event the withholding requirements are not satisfied through the withholding of Shares (or through the Grantee’s paycheck, as indicated above), no payment will be made to the Grantee (or his or her estate) for SARs unless and until satisfactory arrangements (as determined by the Committee) have been made by the Grantee with respect to the payment of any income and other taxes which the Company determines must be withheld or collected with respect to such SARs. By accepting this award of SARs, the Grantee expressly consents to the withholding of Shares and to any cash or Share withholding as provided for in this Paragraph 10. All income and other taxes related to the SAR award and any Shares delivered in payment thereof are the sole responsibility of the Grantee. In no event will the Company reimburse the Grantee for any taxes that may be imposed on the Grantee as result of Section 409A of the Internal Revenue Code of 1986, as amended (“ Section 409A ”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument; signature pages may be detached from multiple separate counterparts and attached to a single counterpart so that all signature pages are physically attached to the same document.

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: No report, financial statement, certificate or other written information furnished by or on behalf of any Loan Party to the Administrative Agent or any Lender in connection with the transactions contemplated hereby and the negotiation of this Agreement or delivered hereunder or under any other Loan Document (in each case as modified or supplemented by other information so furnished) contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that, with respect to financial estimates, projected or forecasted financial information and other forward-looking information, the Borrower represents only that such information was prepared in good faith based upon assumptions believed to be reasonable at the time of preparation, it being understood that (a) such estimates, projections, forecasts and other forward-looking information, as to future events, are not to be viewed as facts, that actual results during the period or periods covered by such estimates, projections, forecasts and forward-looking information may differ significantly from the projected or forecasted results and that such differences may be material and that such estimates, projections, forecasts and forward-looking information are not a guarantee of financial performance and (b) no representation or warranty is made with respect to information of a general economic or general industry nature.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the occurrence of an Event of Default and at any time thereafter during the continuance of such Event of Default, the Holder may at its option, by written notice to the Maker (a) declare the entire principal amount of this Note, together with all accrued interest thereon and all other amounts payable hereunder, immediately due and payable and/or (b) exercise any or all of its rights, powers or remedies under applicable law; provided, however that, if an Event of Default described in Section 5.7 shall occur, the principal of and accrued interest on the Loan shall become immediately due and payable without any notice, declaration or other act on the part of the Holder.

assistant: Remedies
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: Dealer shall pay New Holland for all Products immediately upon invoicing of Products to Dealer. The terms and conditions of sale and payments for all Products invoiced to Dealer shall be subject to New Holland’s applicable conditions of sale and prices as published and modified from time to time by New Holland. Failure to make payment in accordance with this provision may, in New Holland’s sole discretion, result in New Holland revoking the sale and repossessing the Product without notice or formality. New Holland reserves the right, without liability, to refuse to sell or deliver Products to Dealer when in New Holland’s opinion Dealer’s financial condition does not warrant or support further sales or deliveries.

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 legal provision and list the applicable contract clause categories. Provision: If Borrowers request Revolver Loans, select interest rates or transfer funds based on telephonic or electronic instructions to Agent, Borrowers shall confirm the request by prompt delivery to Agent of a Notice of Borrowing. Agent and Lenders are not liable for any loss suffered by a Borrower as a result of Agent acting on its understanding of telephonic or electronic instructions from a person believed in good faith to be authorized to give 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: (a) Under the laws of Mexico, with respect to the execution, delivery and performance of this Agreement or any Note issued hereunder, each of the Mexican Borrower and its Subsidiaries is subject to private commercial law and to suit, and neither it nor its properties have any immunity from the jurisdiction of any court or any legal process that may be brought in the courts of Mexico (whether through service of notice, attachment prior to notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise).

assistant: Enforcements
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 Borrower will, and will cause each of its Subsidiaries to, use the proceeds of the Loans and any Incremental Facility for general working capital requirements of the Borrower, Permitted Acquisitions, and general corporate purposes, in each case, not in contravention of any Law or of any Loan Document.

assistant: Use Of Proceeds