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: defendant’s method of measuring the productivity of its sales staff singled her out and devalued her contribution. It is well-established that an employer may rely upon supervisor evaluations to assess an employee’s performance when carrying out an employment decision. Meiri v. Dacon, 759 F.2d 989, 995 (2d Cir.), cert. denied, 474 U.S. 829, 106 S.Ct. 91, 88 L.Ed.2d 74 (1985). As articulated by plaintiff, however, by considering the small, less time-consuming agreements the younger salesmen were able to obtain as equivalent to the those plaintiff sought, defendant intentionally undervalued plaintiffs work. As further evidence of the pretext of the methodology, plaintiff cites the following examples: that it was applied retroactively to diminish the value of her sales, th (2d Cir.1994) (<HOLDING>). Additionally, plaintiff denies the Options: A. holding that based upon discrepancies in defendants articulated basis for discrimination reasonable juror could infer that these were pretextual and developed over time to counter evidence suggesting discrimination B. holding discrimination based on pregnancy was not sex discrimination C. holding that allegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex D. holding that a reasonable juror could not infer discrimination based on a supervisors comments that the company needed to get rid of its old fart pilots E. holding that a reasonable juror could infer that the shifting and inconsistent explanations given by the employer at trial were pretextual developed over time to counter the evidence suggesting discrimination

assistant: The best answer is A. holding that based upon discrepancies in defendants articulated basis for discrimination reasonable juror could infer that these were pretextual and developed over time to counter evidence suggesting discrimination
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: given the rigorous requirements for establishing a famous mark. See, e.g., Washington Speakers, 33 F.Supp.2d at 502-03. (noting that famous marks must meet high standard and that marks famous only in specialized segment of market may be protected from dilution, if at all, only when diluting uses are directed narrowly at same market segment). In any event, these issues need not be resolved given the uncontested applicability of § 8.01-328.1(A)(4). 10 . In Bochan, the constitutional prong of the analysis was satisfied by the purposeful direction of the defamatory remarks at a Virginia defendant regarding activities presumably occurring in Virginia. See Bochan, 1999 WL 343780, at * 5, — F.Supp.2d at —; see also Calder v. Jones, 465 U.S. 783, 789-90, 104 S.Ct. 1482, 79 L.Ed.2d 804 (1984) (<HOLDING>); First American First, Inc. v. National Ass’n Options: A. holding that the ninth circuit is bound by the california supreme courts interpretation of california law B. holding that california courts assertion of personal jurisdiction over floridabased reporters did not violate due process when allegedly defamatory article that was the basis of the suit focused on the california activities of california residents C. recognizing that california has a valid interest in protecting a california company from copyright infringement D. holding that personal jurisdiction in california was appropriate over nonresident journalist where harmful effects of allegedly defamatory article would be exclusively felt in california and california was the state of newspapers greatest circulation E. recognizing a hypothetical situation where california law left a party free to sue on a claim in maryland even after the claim was precluded in california because the california statute of limitations had expired

assistant: The best answer is B. holding that california courts assertion of personal jurisdiction over floridabased reporters did not violate due process when allegedly defamatory article that was the basis of the suit focused on the california activities of california residents
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 consent, approval, order or authorization of, or registration, declaration or filing with, any governmental authority or other Person (including, without limitation, the shareholders of any Person) is required in connection with the execution and delivery of this Note and the performance and consummation of the transactions contemplated thereby.

assistant: Approvals
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 provision hereof to the contrary, no sale or Transfer of a Capital Commitment Interest in the Company may be made except in compliance with all Federal, State and other applicable laws, including federal and state securities laws.

assistant: Compliance With 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 case excerpt and choose the best holding from the options. Case excerpt: When Agency Action Is “Final” and Whether Policy Guidelines Constitute Binding Rules The District Court had jurisdiction over appellants’ claims pursuant to 28 U.S.C. § 1331 (2000). Appellants’ cause of action rests solely on the APA. Under the APA, “[a]gency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review.” 5 U.S.C. § 704 (emphasis added). As we noted in Reliable Automatic Sprinkler, “in cases such as this one, in which judicial review is sought under the APA rather than a particular statute prescribing judicial review, the requirement of final agency action is not jurisdictional.” 324 F.3d at 731 (relying on Califano v. Sanders, 430 U.S. 99, 107, 97 S.Ct. 980, 51 L.Ed.2d 192 (1977) (<HOLDING>)); see also Md. Dep’t of Human Res. v. Dep’t of Options: A. holding that standing is component of subjectmatter jurisdiction B. holding that judicial review under apa standards is alone sufficient to preclude a bivens action C. holding that under the apa exhaustion is a prerequisite to judicial review when expressly required by statute or when an agency rule requires appeal before review so long as the administrative action is made inoperative pending that review D. holding that the apa does not afford an implied grant of subjectmatter jurisdiction permitting federal judicial review of agency action E. holding that standing is component of subjectmatter jurisdiction and subjectmatter jurisdiction is essential to courts authority to hear case

assistant: The best answer is D. holding that the apa does not afford an implied grant of subjectmatter jurisdiction permitting federal judicial review of agency action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive recognizes and acknowledges that the knowledge of the business activities, plans for business activities, and all other proprietary information of the Bank, as it may exist from time to time, are valuable, special and unique assets of the business of the Bank. Executive will not, during or after the term of her employment, disclose any knowledge of the past, present, planned or considered business activities or any other similar proprietary information of the Bank to any person, firm, corporation, or other entity for any reason or purpose whatsoever unless expressly authorized by the Board or required by law. Notwithstanding the foregoing, Executive may disclose any knowledge of banking, financial and/or economic principles, concepts or ideas which are not solely and exclusively derived from the business plans and activities of the Bank. Further, Executive may disclose information regarding the business activities of the Bank to any bank regulator having regulatory jurisdiction over the activities of the Bank pursuant to a formal regulatory request. In the event of a breach or threatened breach by Executive of the provisions of this Section, the Bank will be entitled to an injunction restraining Executive from disclosing, in whole or in part, the knowledge of the past, present, planned or considered business activities of the Bank or any other similar proprietary information, or from rendering any services to any person, firm, corporation, or other entity to whom such knowledge, in whole or in part, has been disclosed or is threatened to be disclosed. Nothing herein will be construed as prohibiting the Bank from pursuing any other remedies available to the Bank for such breach or threatened breach, including the recovery of damages from Executive.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Customer shall pay all fees specified in Order Forms. Except as otherwise specified herein or in an Order Form, (i) fees are based on Services and Content subscriptions purchased and not actual usage, (ii) payment obligations are non-cancelable and fees paid are non-refundable except as set forth in Section 11.4 below (“Refund or Payment upon Termination”), and (iii) quantities purchased cannot be decreased during the relevant subscription term.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you should always exercise due diligence and care when deciding whether to stay in an accommodation , participate in an experience or event or use other host services , accept a booking request from a guest , or communicate and interact with other members , whether online or in person .

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: All notices, requests and other communications to any party hereunder shall be given in the manner prescribed in Article IX of the Credit Agreement with respect to the Administrative Agent at its notice address therein and with respect to any Guarantor, in care of the Borrower at the address of the Borrower set forth in the Credit Agreement or such other address or telecopy number as such party may hereafter specify for such purpose by notice to the Administrative Agent in accordance with the provisions of such Article IX.

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: If you die during the Term of this Agreement, this Agreement shall automatically terminate on the date of death. The Company shall pay to your estate, or other person or trust designated by you, upon proper letters testamentary to the Company, (i) (A) any unpaid salary that would otherwise be due and payable at the date of death, (B) the 2016 Cash Bonus, which amount shall be payable in a lump-sum on or before the date such annual bonuses are paid to executives who have continued employment with the Company, and (C) the 2016 LTIP that would have otherwise vested pursuant to a Qualified Retirement (as such term is defined in the Stock Incentive Plan), which amount shall be paid out pursuant to the Stock Incentive Plan (in each of clauses (A) - (C), less applicable withholdings and deductions), and (ii) any eligible expense reimbursements pursuant to this Agreement which accrued until the time of death. Except as otherwise provided in this Section 7(b), your estate (or other person or trust designated by you, upon proper letters testamentary to the Company) shall have no other or further rights under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The headings of this Agreement are inserted for convenience only and neither constitute a part of this Agreement nor affect in any way the meaning or interpretation of this Agreement. When a reference in this Agreement is made to a Section, such reference is to a Section of this Agreement unless otherwise indicated.

assistant: Headings
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: See Fla. Stat. § 768.28(9)(a) (providing immunity for officers in tort unless they “acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.”); Von Stein v. Brescher, 904 F.2d 572, 584 (11th Cir. 1990) (“[T]he conduct is privileged and the actor is never liable where he does no more than insist upon his legal rights in a permissible way, even though the actor is well aware that such insistence is sure to cause emotional distress.”). Further, because Sada was not deprived of any constitutional or statutory rights, the City is not municipally liable for claims of negligence for any insufficient training under § 1983. City of Los Angeles v. Heller, 475 U.S. 796, 799, 106 S.Ct. 1571, 89 L.Ed.2d 806 (1986) (<HOLDING>). And lastly, because there was probable cause Options: A. holding that a superior can be held liable in his individual capacity if he participated in the deprivation of a plaintiffs constitutional rights B. holding that if a police officer inflicted no constitutional injury on a suspect it is inconceivable that the police commissioners could be liable to the suspect C. holding that the constitutional requirement for ripeness is injury in fact D. holding officer liable for deprivation of constitutional rights despite argument that officer although present was not in control of the situation E. holding that if a person has suffered no constitutional injury at the hands of the individual police officer the fact that the departmental regulations might have authorized a constitutional deprivation is immaterial

assistant: The best answer is E. holding that if a person has suffered no constitutional injury at the hands of the individual police officer the fact that the departmental regulations might have authorized a constitutional deprivation is immaterial
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 arising from, out of or in connection with this Agreement shall be settled through amicable negotiations between the Parties. Such negotiations shall begin immediately after one Party has delivered to the other Party a written request for such negotiation. If, within forty-five (45) days following the date of such notice, the dispute cannot be settled through negotiations, the dispute shall, upon the request of either Party with notice to the other Party, be submitted to arbitration in China under the auspices of China International Economic and Trade Arbitration Commission (the “ CIETAC ”). The Parties shall jointly appoint a qualified interpreter for the arbitration proceeding and shall be responsible for sharing in equal portions the expenses incurred by such appointment. The arbitration proceeding shall take place in Beijing, China. The outcome of the arbitration shall be final and binding and enforceable upon the Parties.

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 case excerpt and choose the best holding from the options. Case excerpt: form signed by Luckner. The trial court denied the motion for reconsideration, and entered judgment against St. Paul in the amount of its UM policy limits of $25,000. St. Paul contends that the trial court erred in entering judgment against it, because the “other insurance” language in the policy should have been applied to preclude recovery of any UM benefits. We disagree, and hold that St. Paul waived any application of the “other insurance” clause by failing to timely raise the issue in the trial court. Generally, a defense which is not pled in the answer or affirmative defenses is waived, and may not be raised for the first time in a post-trial motion. See Fla. R. Civ. P. 1.110 and 1.140(h); see also Republic Nat’l Bank v. Araujo, 697 So.2d 164, 166 (Fla. 3d DCA 1997) (<HOLDING>). An affirmative defense is a defense which Options: A. holding argument is waived when raised for first time in reply brief B. holding that an argument raised for the first time in a rule 59e motion is waived on appeal C. holding argument based on economic loss rule waived when raised for first time in posttrial motions D. holding that an argument raised for the first time in a reply brief is waived E. holding that issues are not waived for failing to file posttrial motions from a remand proceeding where no evidence was presented because no posttrial motions were required under those circumstances

assistant: The best answer is C. holding argument based on economic loss rule waived when raised for first time in posttrial motions
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 Executive shall be entitled to five (5) weeks of vacation in accordance with the Company's policies, with no right of carry over, to be taken at such times as shall not materially interfere with the Executive's fulfillment of his duties hereunder, and shall be entitled to as many holidays, sick days and personal days as are in accordance with the Company's policy then in effect generally for its employees.

assistant: Vacations
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 waiver of such provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of either party to require the performance of any term or obligation of this Agreement, or the waiver by either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

assistant: Waivers
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: Buyer has duly executed and delivered this Agreement and each Signing Date Transaction Agreement to which it is a party, and on the Closing Date will have duly executed and delivered each Closing Date Transaction Agreement to which it is a party, and each of this Agreement and each such Signing Date Transaction Agreement is, and each such Closing Date Transaction Agreement will be, when so executed and delivered, a valid and legally binding obligation of Buyer, enforceable against Buyer in accordance with its terms, except to the extent that enforceability may be limited by applicable bankruptcy, insolvency, or similar Laws affecting the enforcement of creditors' rights generally and subject to general principles of equity (regardless of whether such enforcement is considered in a proceeding in law or at equity).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Stock Units are subject to adjustment upon the occurrence of events such as stock splits, stock dividends and other changes in capitalization in accordance with Section 6(a) of the 2012 Plan. In the event of any adjustment, the Company will give the Director written notice thereof which will set forth the nature of the adjustment.

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 legal provision and list the applicable contract clause categories. Provision: The net proceeds of the sale of the Shares and the Warrants hereunder shall be used by the Company for the cancellation of the currently outstanding Series B Preferred stock, repayment of existing debt and general corporate purposes.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event the Company becomes involved in investigations, audits or inquiries, tax examinations or legal proceedings of any nature, related directly or indirectly to events which occurred during Executive’s employment and about which Executive has personal knowledge, Executive agrees that Executive shall, at any future time, be available upon reasonable notice from the Company, with or without subpoena, to answer discovery requests, give depositions, or testify, with respect to matters of which Executive has or may have knowledge as a result of or in connection with Executive’s employment relationship with the Company. In performing Executive’s obligations under this Section 4 to testify or otherwise provide information, Executive agrees that Executive shall truthfully, forthrightly, and completely provide the information requested. Executive further agrees that Executive shall not be compensated in any way by the Company for Executive’s cooperation with the Company in connection with any litigation or other activity covered by this Section 4 except that Executive shall be reimbursed as permitted by law for any reasonable expenses that Executive incurs in providing testimony or other assistance to the Company under this Section 4 . If Executive is (i) specifically made aware of any non-public proceedings or non-public matters related to the Company, (ii) requested in writing by a third party to provide non-public information regarding the Company, or (iii) called by a third party as a witness to testify in any matter related to the Company, Executive shall promptly notify the Company to give it a reasonable opportunity to respond; provided , however , that nothing in this section is intended, or shall be construed, to limit Executive’s ability to initiate communications directly with, or to respond to any inquiry from, or provide testimony before, the SEC, FINRA, any other self-regulatory organization or any other state or federal regulatory authority.

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: this case based on the fact that Claimant is on WC disability. However, Homony is a UC case and Claimant is seeking UC benefits in the instant case. Thus, Homony is controlling. Moreover, the law is well-established that “[a]n employer has a right to expect an employee who is on sick leave to report back to work when cleared to do so by his physician or at least to notify his employer of his reasons for failing to return.” Geesey, 381 A.2d at 1344 (emphasis added). Thus, an employee’s failure to act in this reasonable manner in communicating with her: employer regarding her ability to return to work constitutes willful misconduct. Id. The Majority recognizes that “the [UCBR] relies upon Oliver v. Unemployment Compensation Board of Review, 69 Pa.Cmwlth. 98, 450 A.2d 287 (1982) (<HOLDING>).” Majority Op. at 1239. It further notes: It Options: A. holding that an employee who did not present evidence that she could have returned to work prior to the expiration of her fmla leave allowance was not entitled to additional leave merely because her employer had not properly provided her with notice that the leave was designated as fmla leave B. holding that claimant committed willful misconduct when she did not return to work at the end of her leave and did not comply with her employers notification policy C. holding that allegations that employees supervisors yelled at her told her she was a poor manager and gave her poor evaluations chastised her in front of customers and once required her to work with an injured back were insufficient to state title vii claim D. holding that the employee was acting within the course of her employment when she died while returning from the workrelated session because her death occurred on a public highway which was brought within the scope of her employment by her employers requirement that she attend training at the state police academy E. holding that employers policy which required employee to work without pay in violation of federal law was unreasonable and employees refusal to comply was not misconduct

assistant: The best answer is B. holding that claimant committed willful misconduct when she did not return to work at the end of her leave and did not comply with her employers notification policy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is complied with or not.”); see also The T.J. Hooper v. N. Barge Corp., 60 F.2d 737, 740 (2d Cir.1932) (“[I]n most cases reasonable prudence is in fact common prudence; but strictly it is never its measure.”). However, when a defendant has departed from rules of its own making governing the conduct of its employees, a plaintiff may thereby demonstrate breach of an appropriate standard of care. Thropp v. Bache Halsey Stuart Shields, Inc., 650 F.2d 817, 820 (6th Cir.1980) (“When a defendant has disregarded rules that it has established to govern the conduct of its own employees, evidence of those rules may be used against the defendant to establish the correct standard of care.”); Babcock v. Chesapeake and Ohio Ry. Co., 83 Ill. App.3d 919, 38 Ill.Dec. 841, 404 N.E.2d 265, 275 (1979) (<HOLDING>); W. Page Keeton et al., Prosser & Keeton on Options: A. holding that standard of care need not be listed separately in report when same standard applies to each health care provider B. holding defendants rules which constitute guidelines for the operation of its trains can be used as evidence of defendants standard of care C. holding violation of the rules of professional conduct does not create a legal duty on the part of the lawyer nor constitute negligence per se although it may be used as some evidence of negligence D. holding disciplinary rules can provide guidelines relevant to a disqualification determination E. recognizing that a defendant physicians own practice was at least some evidence of the standard of care and concluding that the case was properly submitted to the jury notwithstanding the plaintiffs failure to call an independent expert on the standard of care

assistant: The best answer is B. holding defendants rules which constitute guidelines for the operation of its trains can be used as evidence of defendants standard of care
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 representations and warranties made hereunder and in any other Credit Document or other document delivered pursuant hereto or thereto or in connection herewith or therewith shall survive the execution and delivery hereof and thereof. Such representations and warranties have been or will be relied upon by the Administrative Agent and each Lender, regardless of any investigation made by the Administrative Agent or any Lender or on their behalf and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default or Event of Default at the time of any Borrowing, and shall continue in full force and effect as long as any Loan or any other Borrower Obligation hereunder shall remain unpaid or unsatisfied.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party’s obligations under this Section shall survive any assignment of rights by, or the replacement of, any Co-Lender, the payment of the Loan, the release of any Security Instrument and the Liens created under the Loan Documents and the termination of this Agreement.

assistant: Survival
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: we agree with the trial court that the Property Appraiser must consider “the present use of the property” pursuant to section 193.011, we also observe that the Property Appraiser was required to consider all of the factors listed in that section in reaching his assessment. See Schultz v. TM Florida-Ohio Realty Ltd. Partnership, 577 So.2d 573 (Fla.1991); Roden v. Estech, Inc., 508 So.2d 728 (Fla. 2d DCA 1987); Bystrom v. Equitable Life Assurance Soc’y, 416 So.2d 1133 (Fla. 3d DCA 1982). Although a presumption of correctness attaches to a property appraiser’s assessment, that presumption is lost if the property appraiser fails to consider the factors in section 193.011. See Havill v. Lake Port Properties, Inc., 729 So.2d 467 (Fla. 5th DCA 1999). See also Bystrom, 416 So.2d at 1141 (<HOLDING>). The Property Appraiser, as plaintiff below, Options: A. holding that the failure to consider the necessary factors renders the valuation invalid B. recognizing same factors C. holding that the trial court must consider these factors in denying appellants petition to transfer prior to trial D. holding that a district courts failure to consider the 18 usc 3553a factors was plain error relying on gall E. holding that the family court is required to consider all relevant factors in determining alimony

assistant: The best answer is A. holding that the failure to consider the necessary factors renders the valuation invalid
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: Sublessee shall maintain and keep in full force and effect during the Term, at its own cost and expense, the insurance policies required to be held by “Tenant” under the applicable provisions of Section 4.02 of the Master Lease and such policies shall comply with the requirements of Section 4.02 of the Master Lease but only to the extent of Sublessee’s interest in and to the the Sublease Premises. The foregoing shall in no way limit or otherwise diminish Sublessor’s obligations under the Master Lease, including the obligation to maintain insurance under Section 4.02 of the Master Lease with respect to the entire Premises. All commercial general liability insurance procured by Sublessee under this Section 18 shall name Owner, Sublessor, any superior lessor and any superior mortgagee, as their respective interests may appear as additional insureds (so long as Sublessor provides Sublessee prior written notice of the names and addresses of such superior mortgagees and/ or superior lessors). Sublessee shall include in each of its insurance policies (and, with respect to any equipment in the Sublease Premises owned by Sublessee, in the insurance policies covering such equipment carried by Sublessee or the lessors of such equipment) against loss, damage or destruction by fire or other insured casualty (except for earthquake and sprinkler coverage) a waiver of all of the insurer’s rights of subrogation against Sublessor, Owner, any superior lessor, mortgagee, managing agent and property manager.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall have the right to deduct applicable taxes from any Grant payment and withhold, at the time of delivery or exercise of Options, Stock Awards or Restricted Stock Purchase Offers or vesting of shares under such Grants, an appropriate number of shares for payment of taxes required by law or to take such other action as may be necessary in the opinion of the Company to satisfy all obligations for withholding of such taxes. If Stock is used to satisfy tax withholding, such stock shall be valued based on the Fair Market Value when the tax withholding is required to be made.

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 case excerpt and choose the best holding from the options. Case excerpt: whether Congress should authorize over-filing, but, rather, whether Congress did authorize it. 6 . The EPA argues that LTV waived the affirmative defense of res judicata because it did not raise it in its answer to the complaint. See Phelps v. McClellan, 30 F.3d 658 (6th Cir.1994) ("Generally, a failure to plead an affirmative defense ... results in the waiver of that defense and its exclusion from the case.”). Because the EPA was not prejudiced by LTV’s decision to raise this affirmative defense for the first time in its motion for summary judgment, however, as evidenced by the EPA’s successful argument against the application of that doctrine here, the Court declines to find that LTV waived this defense. See e.g. Moore, Owen, Thomas & Co. v. Coffey, 992 F.2d 1439, 1445 (6th Cir.1993) (<HOLDING>). 7 . In United States v. ITT Rayonier; 627 Options: A. holding that the defendants waived their affirmative defense of unenforceability by failing to raise the defense in response to the plaintiffs motion for summary judgment which the trial court granted B. holding that fair use is an affirmative defense C. holding that the government did not waive an affirmative defense not pleaded in the answer because it raised the defense at a pragmatically sufficient time by listing the defense in the joint pretrial order D. holding that defendants failure to assert the defense in any pretrial motions did not waive defendants limitations defense because the assertion of a limitations defense in the answer preserved defendants right to raise the defense both during the first trial and before the second E. holding that defendant does not waive an affirmative defense if defendant raises it at a pragmatically sufficient time such as summary judgment and the defendants failure raise the affirmative defense in its answer did not cause the plaintiff prejudice

assistant: The best answer is E. holding that defendant does not waive an affirmative defense if defendant raises it at a pragmatically sufficient time such as summary judgment and the defendants failure raise the affirmative defense in its answer did not cause the plaintiff prejudice
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: Miller was in no way authorized by the other members of TCPFA to make the Liar Statements, nor were such statements made pursuant to any “deliberate choice” by TCPFA as a whole. Accordingly, municipal liability may not attach to Miller’s actions. E. Individual Capacity Claim For the reasons explained in Parts V.AC, a reasonable jury could conclude that Miller’s statements to the press constituted a violation of Plaintiffs constitutional rights. Thus, Plaintiff has satisfied his first summary judgment hurdle for qualified immunity. Miller may still be entitled to qualified immunity at this stage of the proceedings, however, if Plaintiffs alleged right was not “clearly established at the time official action was taken.” See Walker v. City of Orem, 451 F.3d 1139, 1151 (10th Cir.2007) (<HOLDING>). Miller’s arguments in support of qualified Options: A. holding that defendant is entitled to qualified immunity because plaintiff failed to allege the violation of a clearly established constitutional right B. holding that in determining whether a state officer is entitled to qualified immunity for 1983 purposes courts may not consider whether the constitutional right was clearly established before determining first that a constitutional right was violated C. holding that the question of qualified immunity dovetails with the substantial inquiry in a 1983 action in that both depend on the specific contours of the constitutional right at issue D. holding that clearly established means the contours of the right were so clear at the time the officials acted that a reasonable official would have understood that what he was doing violated that right E. holding that plaintiffs complaint stated a claim for a constitutional deprivation but that the contours of the right at issue were not clearly established and that official was therefore entitled to qualified immunity

assistant: The best answer is E. holding that plaintiffs complaint stated a claim for a constitutional deprivation but that the contours of the right at issue were not clearly established and that official was therefore entitled to qualified immunity
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: U.S. 563, 97 S.Ct. 1963, 52 L.Ed.2d 582 (1977), the Court held that under subsection 1202(a), proof that the possessed firearm previously traveled in interstate commerce was sufficient to satisfy the statutorily required nexus between the possession of a firearm by a convicted felon and commerce. Although Scarborough was a possession case rather than a receipt case, the Court noted parenthetically that there was no congressional intent to support a distinction between the two: “Congress was not particularly concerned with the impact on commerce except as a means to insure the constitutionality of Title VII.... All indications are that Congress meant to reach possessions broadly.” Id. at 575 n. 11, 97 S.Ct. at 1969 n. 11. See also United States v. Lopez, 2 F.3d 1342, 1347 (5th Cir.1994) (<HOLDING>); United States v. Sherbondy, 865 F.2d 996, 999 Options: A. recognizing power of states to engage in some regulation of interstate commerce B. holding that the feloninpossessionofafirearm statute only requires a showing that the firearm at one time traveled through interstate commerce C. recognizing that the interstate nexus requirement is satisfied by proof of a probable or potential impact on interstate commerce D. recognizing scarborough holding that commerce nexus satisfied upon showing that possessed firearm had traveled at some time in interstate commerce E. holding that the connection between the robbery and interstate commerce was much more direct than in wang because at the time of the robbery the victim in walker was selling illegal drugs that had traveled through interstate commerce

assistant: The best answer is D. recognizing scarborough holding that commerce nexus satisfied upon showing that possessed firearm had traveled at some time in interstate commerce
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, consent, request or demand required or permitted to be given under the provisions of this Agreement shall be in writing, and shall be signed by the party giving or making the same. Such notice, consent, request or demand may be hand delivered, but if it is mailed to a Party, it shall be sent by electronic mail, United States mail, or other nationally recognized courier, postage prepaid, addressed to such Party’s last known address. The date of such mailing shall be deemed the date of notice, consent, request or demand.

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 Participant shall have a nonforfeitable right to 100 percent of, and shall be entitled to receive, his retirement benefit as determined pursuant to Article IV if he has completed at least 5 Years of Service.

assistant: Vesting
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: 92 F.3d at 6. Even if such an accounting somehow fell short under Miller — and we do not hold that it did — such a procedural shortfall did not violate the bar on mandatory life sentences for juveniles, the only holding of Miller that the government has conceded qualifies for habeas relief on a second or successive petition, and the only holding on which the petitioners have made a prima facie showing of retroactivity. Cf Tyler v. Cain, 533 U.S. 656, 668, 121 S.Ct. 2478, 150 L.Ed.2d 632 (2001) (O’Connor, J., concurring) (noting that a rule has been made retroactive by the Supreme Court if the Court expressly declares it retroactive or issues multiple holdings that “logically dictate ... retroac-tivity”); Teague v. Lane, 489 U.S. 288, 310, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989) (<HOLDING>). IY. Conclusion For the foregoing reasons, we Options: A. holding generally that new rules of law should not be applied retroactively in habeas corpus cases B. holding that the act is retroactive C. holding retroactive application D. holding that the act is not retroactive E. holding that new rules of criminal procedural are generally not retroactive

assistant: The best answer is E. holding that new rules of criminal procedural are generally not retroactive
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: are not persuaded that the effectiveness inquiry under the Sixth Amendment’s guarantee of the assistance of counsel informs the inquiry relevant to an alleged violation of access to the courts. We first observe that the two rights— assistance of counsel and access to the courts — do not share a common constitutional source. The right to assistance of counsel — interpreted as the right to effective assistance of counsel, see Powell v. Alabama, 287 U.S. 45, 71, 53 S.Ct. 55, 77 L.Ed. 158 (1932)—is explicitly guaranteed by the Sixth Amendment, which provides that “[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence.” U.S. Const, amend. VI; see also Gideon v. Wainwright, 372 U.S. 335, 342, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963) (<HOLDING>). By contrast, the right of access to the Options: A. holding the sixth amendment right to a jury trial applies to the states through the fourteenth amendment B. holding that the fourteenth amendment incorporated the sixth amendment right to counsel C. holding the sixth amendment applicable to the states through the fourteenth amendment D. holding that it is wellsettled that the sixth and fourteenth amendments of the united states constitution guarantee a defendant on trial for his life the right to an impartial jury E. holding that the sixth amendments guarantee of the assistance of counsel is made obligatory upon the states by the fourteenth amendment

assistant: The best answer is E. holding that the sixth amendments guarantee of the assistance of counsel is made obligatory upon the states by the fourteenth amendment
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 Holder, in addition to being entitled to exercise all rights granted by law, including recovery of damages, will be entitled to specific performance of its rights under this Option. The Company agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Option and hereby agrees to waive and not to assert the defense in any action for specific performance that a remedy at law would be adequate.

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: Unless terminated earlier in accordance with this Agreement, the term of this Agreement shall commence as of the Effective Date and shall continue for a period of three (3) years (the “ Initial Term ”). If not earlier terminated, this Agreement will automatically renew for subsequent one (1) year periods (each a “ Renewal Term ”) unless either Party provides written notice of termination at least ninety (90) calendar days prior to the expiration of the Initial Term or any Renewal Term.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we 'll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export your stuff from our services .

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: The indemnity in this Agreement is intended to be operable under 42 U.S.C. 9607(e)(1), and any successor section thereof, and shall survive the foreclosure, release or reconveyance of the Security Instrument, whether by payment of the Loan or any deed-in-lieu of foreclosure of the Property and shall thereafter only terminate as expressly and specifically provided herein.

assistant: Survival