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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: attempt to access or search the services or content , or download content from the services through the use of any technology or means other than those provided by niantic or other generally available third-party web browsers ( including , without limitation , automation software , bots , spiders , crawlers , data-mining tools , or hacks , tools , agents , engines , or devices of any kind ) ;

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: Notwithstanding any provisions in this Agreement to the contrary other than Sections 5, 10, 12 and 24, in the event a Change in Control occurs prior to the Vesting Date and the Stock Units are not assumed, converted or replaced by the continuing entity or successor, the Stock Units shall become fully Vested immediately prior to the 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 case excerpt and choose the best holding from the options. Case excerpt: before, nor had it ever been the scene of any workplace violence, nor had anyone ever committed any sort of crime against a Whataburger employee, nor had anyone ever been murdered. Comparing this evidence with other, similar cases in Texas, we agree with the trial court that the evidence does not show the rampant, violent criminal activity sufficient to raise a fact issue about the foreseeability of the aggravated robbery that resulted in Dean’s murder. See Timberwalk, 972 S.W.2d at 758 (“On the other hand, the complete absence of previous crimes, or the occurrence of a few crimes over an extended time period, negates the foreseeability element.”); Allen, 158 S.W.3d at 67; compare Jai Jalaram Lodging Group, L.L.C. v. Leribeus, 225 S.W.3d 238, 245-46 (Tex.App.-El Paso 2006, pet. denied) (<HOLDING>), Gibbs, 162 S.W.3d at 612 (holding that Options: A. holding that the trial court should have considered in mitigation the fact that burgess was the only one of six participants in the crime two of whom admitted that they participated in the crime who was charged with and prosecuted for the murder B. holding that to be guilty of aiding and abetting under 924c the defendant must have directly facilitated or encouraged use of the firearm mere presence at the scene of the crime and knowledge that the crime is being committed is not enough C. holding that no duty existed when incident reports within two years before while showing a rise in criminal activity did not show any notable frequency nor were they of the kind that would have facilitated the violent personal crime in question D. holding relevance of evidence is established by any showing however slight that the evidence makes it more or less likely that the defendant committed the crime in question E. holding that counsel did not admit the defendant was guilty of a crime when counsel noted that if the evidence established the commission of any crime that crime was voluntary manslaughter not murder

assistant: The best answer is C. holding that no duty existed when incident reports within two years before while showing a rise in criminal activity did not show any notable frequency nor were they of the kind that would have facilitated the violent personal crime in question
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that no Borrower nor any other Credit Party may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of paragraph (b) of this Section, (ii) by way of participation in accordance with the provisions of paragraph (d) of this Section or (iii) by way of pledge or assignment of a security interest subject to the restrictions of paragraph (e) of this Section (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in paragraph (d) of this Section and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

assistant: Successors
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 any term, provision, condition, covenant or agreement herein contained shall be effective unless set forth in a writing signed by Lender, and any such waiver shall be effective only to the extent set forth in such writing. No failure to exercise or delay in exercising, by Lender or any holder of the Note, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by law or equity. No notice or demand on Borrower in any case shall, in itself, entitle Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Lender to any other or further action in any circumstances without notice or demand. No consent or waiver, expressed or implied, by Lender to or of any breach or default by Borrower in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of Borrower hereunder. Failure on the part of Lender to complain of any acts or failure to act or to declare a Default or an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Lender of its rights hereunder or impair any rights, powers or remedies on account of any breach or default by Borrower.

assistant: No 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 case excerpt and choose the best holding from the options. Case excerpt: staying the processing of claims not yet at the Board, which means there is no party before us with any standing to oppose the Secretary’s request — there is no case or controversy with regard to claims potentially affected by Haas but not yet before the Board. Assuming arguendo that the Secretary does not have the authority to stay claims not yet on appeal to the Board, and that is a big assumption, see Ribaudo, 20 Vet.App. at 554 n. 2 (stating that the Court would render clear in its decision the scope of the Secretary’s authority to stay processing of claims, and then holding in that decision only that, absent regulation, the Secretary did not have authority to stay processing of claims at the Board as doing so contravened section 7107); Tobler v. Derwinski, 2 Vet.App. 8,12 (1991) (<HOLDING>) (quoting Ithaca Coll. v. NLRB, 623 F.2d 224, Options: A. holding that the district court was authorized to remand the proceedings to the board where the board failed to make required findings B. holding that such a stay is appropriate where in the absence of a stay the continuation of the proceedings in the trial court disrupts the arbitration proceedings and can render them ineffective C. holding that an appeal to an agency review board would be futile because the board lacked authority to invalidate ordinance as requested D. holding that it would be reasonable for the board to stay its proceedings in a case that arguably falls within the precedent of another on appeal E. holding that the point on appeal and the objection in the trial court must be the same in order for it to be preserved for appeal

assistant: The best answer is D. holding that it would be reasonable for the board to stay its proceedings in a case that arguably falls within the precedent of another on appeal
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 there is any change in the Stock by reason of any stock dividend, recapitalization, reorganization, merger, consolidation, split-up, combination or exchange of shares of Stock, or any similar change affecting the Stock the Committee will make appropriate and proportionate adjustments (including relating to the Stock, other securities, cash or other consideration which may be acquired upon payment or settlement of the Performance Share Units) that it deems necessary to the number and class of securities subject to the Performance Share Units and any other terms of this Agreement. Any adjustment so made shall be final and binding upon the Participant.

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 principle that an agreement should be construed against the party drafting the agreement shall not apply to this Agreement as both parties hereto have contributed substantially in the negotiation and drafting of this Agreement. The captions of this Agreement are inserted for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement of any term hereof. All personal pronouns used in this Agreement, whether used in the masculine, feminine, or neuter gender, shall include all other genders. The singular shall include the plural and vice versa.

assistant: Interpretations
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: Employee and Employer agree that each party will bear its own costs and attorneys’ fees in connection with all matters related to the subject matter of this Agreement and the settlement of those matters encompassed by this Agreement. Should any legal action be commenced arising out of this Agreement, the prevailing party in any such action shall be entitled to an award of reasonable attorneys’ fees and costs incurred this herein.

assistant: Costs
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: Security interest agreements executed by the Borrower and any applicable Guarantor to (a) any patent or trademark of the Borrower or its Subsidiaries in appropriate form for filing in the U.S. Patent and Trademark Office and (b) any copyright of the Borrower or its Subsidiaries in appropriate form for filing in the U.S. Copyright Office.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: her, the trial court could either strike the witness’s direct testimony or declare a mistrial. Best v. Tavenner, 189 Or 46, 54, 218 P2d 471 (1950). More recently, the court has recognized that, although not required to do so, a trial cotut may strike a criminal defendant’s testimony who refuses to submit to cross-examination. Mende, 304 Or at 21. The court has not had occasion until now to identify the principles that should guide a court’s discretion when a party refuses to answer only some cross-examination questions. We turn to that question. A criminal defendant has both a statutory and a constitutional right to testify in his or her own defense. See ORS 136.643 (statutory right); State v. Lotches, 331 Or 455, 483 n 10, 17 P3d 1045 (2000), cert den, 534 US 833 (2001) (<HOLDING>). As the court has recognized, however, a Options: A. recognizing that criminal defendants right to testify is subject to crossexamination B. holding right to testify was federal constitutional right C. recognizing cause of action against federal officials for violation of constitutional rights D. recognizing defendants state and federal constitutional rights to testify E. holding that state rights are equivalent to federal rights in this area

assistant: The best answer is D. recognizing defendants state and federal constitutional rights to testify
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be invalid or unenforceable for any reason, such judgment shall not affect, impair or invalidate the remainder of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: has failed to assert a valid claim under the Fourteenth Amendment. The Due Process Clause of the Fourteenth Amendment reads in pertinent part: “No State shall ... deprive any person of life, liberty, or property without due process of law....” Thus, by its terms, the Fourteenth Amendment applies only to the States; it does not apply to the Federal Government or the District of Columbia. See San Francisco Arts & Athletics, Inc. v. U.S. Olympic Comm., 483 U.S. 522, 543 n. 21, 107 S.Ct. 2971, 97 L.Ed.2d 427 (1987) (“The Fourteenth Amendment applies to actions by a State. The claimed association in this case is between the [defendant] and the Federal Government. Therefore, the Fourteenth Amendment does not apply.”); Bolling v. Sharpe, 347 U.S. 497, 498, 74 S.Ct. 693, 98 L.Ed. 884 (1954) (<HOLDING>). Because Plaintiff has sued only the District Options: A. holding that the fourteenth amendment does not apply to the district of columbia B. holding that the plaintiff has a good faith basis to believe a putative defendant may be a district of columbia resident if a geolocation service places his her ip address within the district of columbia or within a city located within 30 miles of the district of columbia C. holding the fourteenth amendment does not apply to the actions of the federal government D. holding that under the law of the district of columbia the filing of a complaint does not toll the statute of limitations on a counterclaim E. holding that the fourteenth amendment only applies to state action

assistant: The best answer is A. holding that the fourteenth amendment does not apply to the district of columbia
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 particular , if you have any reason to believe that user-generated content you see on our services is infringing your copyrights or the copyrights of others , please see the copyright/dmca section of our terms .

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 terms of this Agreement, collectively with the Confidentiality Agreement between the Company and Executive entered into on or about the date herewith (the “Confidentiality Agreement” ), and the Indemnification Agreement, is intended by the Parties to be the final expression of their agreement with respect to the employment of Executive by the Company and supersede all prior understandings and agreements (but not the Confidentiality Agreement or the Indemnification Agreement), whether written or oral. The parties further intend that this Agreement, collectively with the Confidentiality Agreement, and the Indemnification Agreement, shall constitute the complete and exclusive statement of their terms and that no extrinsic evidence whatsoever may be introduced in any judicial, administrative, or other legal proceeding to vary the terms of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The validity, construction, and effect of the Plan and any rules and regulations relating to the Plan and any Award shall be determined in accordance with the laws of the State of New York, without regard to its conflicts of laws principles.

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: The recitations set forth in the preamble of this Amendment are true and correct and incorporated herein by this reference. All capitalized terms referenced herein and not otherwise defined in this Amendment shall have the meanings ascribed to such terms in the Licensing Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to avoid LaSalle’s mortgage lien. In Indiana, as elsewhere, a recorded, “properly acknowledged” mortgage imparts constructive notice of its existence to subsequent bona fide purchasers (BFPs). See Bank of New York v. Nally, 820 N.E.2d 644, 648 (Ind.2005). Prior to the 2007 Amendment, a mortgage that was not entitled to be recorded because of a technical defect in the acknowledgment did not provide such notice. See Ind.Code § 32-21-2-3 (requiring that a notary public authenticate signature for grantors of mortgage); § 32-21-2-7 (now modified by § 32-21-4-1, at issue in the present case); Sandy Ridge Oil Co., Inc. v. Centerre Bank Nat’l Ass’n (In re Sandy Ridge Oil Co., Inc.), 510 N.E.2d 667, 669 (Ind.1987) (stating the general rule); In re Stubbs, 330 B.R. 717, 731 (Bankr.N.D.Ind.2005) (<HOLDING>), aff'd 2006 WL 2361814 (N.D.Ind.2006); Boldin Options: A. holding that failure of indictment to include the defendants name was not fatal because the original complaint that initiated the prosecution properly listed the defendants name and the record indieated that the defendant knew what he was charged with and what facts the charge was based upon B. holding that information was not fatally defective because while defendants name did not appear in the charging part of the information it did clearly appear in the caption and in the verification of the charge by the district attorney C. holding that plaintiff company could not monopolize name shredded wheat because it had shown only an association in consumers minds of the name with the company not that the terms primary significance to the consuming public was the producer and not the product D. holding that district court properly excluded affidavits that lacked signatures and attestation before a notary public E. holding that an acknowledgment was defective because it did not include the name of the person who appeared before a notary public

assistant: The best answer is E. holding that an acknowledgment was defective because it did not include the name of the person who appeared before a notary public
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: 490 (citing Maxwell v. State, 73 S.W.3d 278, 281 (Tex.Crim.App.2002)). Maxwell, in stating that "the validity of an alleged consent to search is a question of fact to be determined from all the circumstances [,]” overextends the Supreme Court case it relies on for the proposition. Maxwell, 73 S.W.3d at 281 (citing Robinette, 519 U.S. at 40, 117 S.Ct. 417). In Robinette, the Supreme Court held only that the voluntariness of consent given is a question of pure fact, and consent must be voluntary to be valid. Robinette, 519 U.S. at 40, 117 S.Ct. 417. 13 . See e.g., Riordan v. State, 905 S.W.2d 765, 770-73 (Tex.App.-Austin 1995, no pet.); Corea v. State, 52 S.W.3d 311, 316-18 (Tex.App.Houston [1st Dist.] 2001, pet. ref’d). 14 . See United States v. Hudson, 405 F.3d 425, 431 (6th Cir.2005) (<HOLDING>); United States v. Rith, 164 F.3d 1323, 1328 Options: A. holding that the question of whether police had a reasonable basis for finding that a third party had authority to consent to search is a question of law B. holding that the question of whether the police had reasonable suspicion and probable cause to make a warrantless search should be reviewed de novo C. holding that the question whether a party has agreed to submit an issue to arbitration is a question of law requiring de novo review D. holding that the determination of whether there was joint access and control for actual authority is a fact question reviewed under the plainerror standard but a determination of whether the government reasonably relied on a third partys consent is a question of law to be reviewed de novo E. holding that a third party has authority to consent to a search if the third party is a coinhabitant

assistant: The best answer is A. holding that the question of whether police had a reasonable basis for finding that a third party had authority to consent to search is a question of law
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: the company retains all rights , titles and ownerships in and of the service or any part thereof , including without limitation , the design and layout of the service , all contents of the service ( excluding user submissions ) , copyrights , patents , trademarks , service marks and logos , database , registered or not ( the `` materials '' ) , except as expressly excluded in this agreement .

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: GKF shall pay any personal property and sales and use taxes levied against the Equipment and any other taxes or governmental fees or assessments, however denoted, whether of the federal government, any state government or any local government, levied or based on this Agreement or the use of the Equipment except for taxes, if any, assessed on the basis of net income, gross income or gross receipts of Hospital.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The representations and warranties of Buyer qualified as to materiality or Material Adverse Effect set forth herein shall be true and correct in all respects, and those not so qualified shall be true and correct in all material respects, as of the Closing Date, as if made at and as of such time (except to the extent expressly made as of an earlier date, in which case as of such date). Seller shall have received a certificate signed on behalf of Buyer by an executive officer of Buyer to such effect.

assistant: Representations
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 (including the exhibits and schedules hereto and the Company Disclosure Schedule), the Confidentiality Agreement and the other Transaction Agreements constitute the entire agreement of the parties hereto with respect to the subject matter hereof and thereof and supersede all prior agreements and undertakings, both written and oral, among the Company and the Investor with respect to the subject matter hereof and thereof; provided that Section 7 ( Standstill ) of the Confidentiality Agreement shall terminate and have no further force and effect immediately upon the Closing.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the services are provided by google inc. ( `` google '' ) , located at 1600 amphitheatre parkway , mountain view , ca 94043 , united states .

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: Any renewal, extension, increase, modification, alteration or rearrangement of all or any part of the Guaranteed Obligations, the Note, the Credit Agreement, the other Loan Documents or any other document, instrument, contract or understanding between Borrowers and Agent and/or Banks or any other parties pertaining to the Guaranteed Obligations or any failure of Agent or Banks to notify Guarantor of any such action.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by the State or valid congressional override, the Eleventh Amendment bars suits against a State or one of its agencies, departments, or officials when the State is the real party in interest or when monetary recovery would essentially be paid from State funds. DeKalb Cnty. Sch. Dist. v. Schrenko, 109 F.3d 680, 688 (11th Cir.1997). Under this principle, “a suit against a governmental officer in his official capacity is the same as a suit against [the] entity of which [the] officer is an agent.” McMillian v. Monroe Cnty., Ala., 520 U.S. 781, 785 n. 2, 117 S.Ct. 1734, 138 L.Ed.2d 1 (1997) (internal quotations and citation omitted) (alteration in original). Under Georgia law, sheriffs are state officials for Eleventh Amendment purposes. Manders v. Lee, 338 F.3d 1304, 1328 (11th Cir.2003) (<HOLDING>). Thus, Sheriff Taitón is entitled to Eleventh Options: A. holding that a county is not an arm of the state for purposes of the eleventh amendment B. holding a suit against a sheriff in his individual capacity was subject to section 1146llls notice requirements because the sheriff was acting in his official capacity C. holding that suit against county sheriff in his official capacity was suit against county D. holding that acts by a sheriff which gave rise to the plaintiffs claim against him were taken in the execution of his duties as sheriff and thus the sheriff was immune under 14 from an action seeking damages against him in his individual capacity E. holding that the sheriff in his official capacity is an arm of the state not the county in establishing useofforee policy at the jail and in training and disciplining his deputies in that regard

assistant: The best answer is E. holding that the sheriff in his official capacity is an arm of the state not the county in establishing useofforee policy at the jail and in training and disciplining his deputies in that regard
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 exchange for Employee’s performance of his duties and responsibilities, Employee initially shall be paid an annual base salary of $395,000 (such annual base salary, as in effect from time to time, “ Base Salary ”), payable in accordance with the regular payroll practices of the Company but not less frequently than monthly. The Base Salary shall be reviewed at least annually by the Board (or a committee thereof), and the Board (or a committee thereof) may, but shall not be required to, increase the Base Salary during the Term. However, the Base salary may not be decreased and/or deferred during the Term, unless a pro-rata decrease and / or deferral of all executive employees’ salaries is made following the six (6)-month anniversary of the Effective Date by the Board in good faith as a result of the financial condition of the Company. All payments referenced in this Agreement, including the Signing Bonus, are on a gross, pre-tax basis and shall be subject to all applicable federal, state and local withholding, payroll and other taxes.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: messages for over two years on a cell phone for which she discontinued service. Similarly, bad faith cannot be inferred because the text messages were not printed out when there is no indication that such a printout was even possible. Indeed, courts agree that HRE Rule 1004(1) is “particularly suited” to electronic evidence “[gjiven the myriad ways that electronic records may be deleted, lost as a result of system malfunctions, purged as a result of routine electronic records management software (such as the automatic deletion of e-mail after a set time period) or otherwise unavailable....” Lorraine v. Markel Am. Ins. Co., 241 F.R.D. 534, 580 (D.Md.2007). See also King v. Kirkland’s Stores, Inc., No. 2:04-cv-1055-MEF, 2006 WL 2239203, at *5 (D.Ala. Aug. 4, 2006) (unpublished decision) (<HOLDING>); Bidbay.com, Inc. v. Spry, No. B160126, 2003 Options: A. holding that under former rcw 6933430 1959 although preferable if defendant is served personally with a copy of the search warrant it was not reversible error when defendant received the warrant the next day B. holding that officers possession of affidavit at searched premises without leaving a copy with the occupant was insufficient to allow for consideration of the affidavit in evaluating the constitutionality of the warrant C. holding that plaintiffs testimony regarding the content of an email from defendant was admissible although plaintiff argued only that a copy of the email as opposed to the original or sole copy was in the possession of the defendant D. holding that failure to deliver a copy of search warrant and itemized copy of the warrant return to defendant in absence of showing of injury reveals no error E. holding the excluded testimony was relevant to whether a signature was that of a deceased party and since a statement regarding the issue was the only testimony that could be given by the witness no offer to prove was necessary because the substance of the evidence was apparent from the context of the question asked

assistant: The best answer is C. holding that plaintiffs testimony regarding the content of an email from defendant was admissible although plaintiff argued only that a copy of the email as opposed to the original or sole copy was in the possession of the defendant
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, maintain, with financially sound and reputable insurers, insurance with respect to their respective properties and businesses against such casualties and contingencies, of such types, on such terms and in such amounts (including deductibles, co-insurance and self-insurance, if adequate reserves are maintained with respect thereto) as is customary in the case of entities of established reputations engaged in the same or a similar business and similarly situated.

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: Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against the Guarantor, and without notice to or further assent by the Guarantor, any demand for payment of any of the Obligations made by the Buyer may be rescinded by the Buyer, and any of the Obligations continued, and the Obligations, or the liability of any other party upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by the Buyer, and the Repurchase Agreement, and the other Program Agreements and any other document in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Buyer may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Buyer for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. The Buyer shall have no obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Obligations or for this Guaranty or any property subject thereto. When making any demand hereunder against Guarantor, the Buyer may, but shall be under no obligation to, make a similar demand on any Seller or any other guarantor, and any failure by the Buyer to make any such demand or to collect any payments from any Seller or any such other guarantor or any release of any Seller or such other guarantor shall not relieve Guarantor of its obligations or liabilities hereunder, and shall not impair or affect the rights and remedies, express or implied, or as a matter of law, of the Buyer against Guarantor. For the purposes hereof “demand” shall include the commencement and continuance of any legal proceedings.

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: This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may assign its rights under this Agreement upon the following conditions: (a) the assignee of Purchaser must be an entity controlling, controlled by, or under common control with Purchaser, (b) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser’s obligations, (c) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least two days prior to Closing with notice to Seller of the name and signature block of the assignee at least five business days prior to Closing, and (d) the requirements in Section 12.17 are satisfied. Notwithstanding anything contained in this Agreement to the contrary, Purchaser shall be entitled to assign this Agreement, without Seller’s consent, one or more times, to (i) an affiliate of Purchaser, (ii) an entity in which Strategic Storage Operating Partnership II, L.P., a Delaware limited partnership, Strategic Storage Trust II, Inc., a Maryland corporation, SS Growth Operating Partnership, L.P., a Delaware limited partnership, Strategic Storage Growth Trust, Inc., a Maryland corporation, Strategic Storage Trust IV, Inc., a Maryland corporation, and/or Strategic Storage Operating Partnership IV, L.P., a Delaware limited partnership, has a direct or indirect ownership interest, (iii) a real estate investment trust of which Purchaser or an affiliate of Purchaser is the external advisor, or (iv) a Delaware statutory trust of which Purchaser or an affiliate of Purchaser is the signatory trustee; provided, however, that, until the consummation of the Closing, no such assignment shall release or relieve Purchaser of any liability hereunder.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: thereafter , if you have purchased or redeemed a subscription-based product or service , each time your subscription comes up for renewal , we have the right to charge your credit card or debit your account the then-current renewal rate plus any applicable taxes we are required to collect , and you authorize us to do so .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the REIT Guarantor and its Subsidiaries owns or has the right to use all patents, trademarks, copyrights, service marks, and trade names, and rights with respect to the foregoing, necessary to conduct its business as now conducted and as proposed to be conducted, without any conflict with the patents, trademarks, copyrights, service marks, and trade names, and rights with respect to the foregoing, of any other Person that would reasonably be expected to result in a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All covenants, agreements, representations and warranties made by the Parties herein and in the other instruments delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the other Parties and shall survive the execution and delivery of this Agreement and the Closing.

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 legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, the Borrower or the Administrative Agent, sell participations to any Person (other than a natural Person (or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of, a natural Person), a Defaulting Lender, the Borrower or any of the Borrower’s Affiliates or Subsidiaries or any Disqualified Institution) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans (including such Lender’s participations in L/C Obligations) owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrower, the Administrative Agent, the Lenders and the L/C Issuers shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 10.04(c ) without regard to the existence of any participation.

assistant: Participations
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 failure or delay on the part of the Lender in exercising any right, power, or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy hereunder. The rights and remedies provided herein are cumulative, and are not exclusive of any other rights, powers, privileges, or remedies, now or hereafter existing, at law or in equity or otherwise.

assistant: No 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in the event you become aware of or reasonably suspect any breach of security , such as an unauthorised access to your nintendo account by a third party , or any loss , theft or disclosure of your sign-in information , you must immediately notify ncl .

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: the Board found to be- — • (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or in violation of a statutory right; or (D) without observance of procedure required by law; and (4) in the case of a finding of material fact made in reaching a decision in a case before the Department with respect to benefits under laws administered by the Secretary, hold unlawful and set aside such finding if the finding is clearly erroneous. (b) In making the determinations under subsection (a) of this section, the Court shall take due account of the rule of prejudicial error. (c) In no event shall findings of fact made by the Se (<HOLDING>); Akles v. Derwinski 1 Vet.App. 118, 121 Options: A. holding that a reviewing court is not to substitute its decision for that of the board B. holding that agency is bound by its regulations C. holding that va must follow its own regulations D. holding that an agencys interpretation of its own regulations is entitled to deference E. holding that the board is not free to ignore its own regulations

assistant: The best answer is E. holding that the board is not free to ignore its own regulations
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: summary judgment stage in the absence of undue prejudice to the plaintiff, bad faith or dilatory motive on the part of the defendant, futility, or undue delay of the proceedings.” Saks v. Franklin Covey Co., 316 F.3d 337, 350 (2d Cir.2003). AmSouth first asserted its estoppel defense at the summary judgment stage of this litigation. At that time, the Roses had an opportunity to respond substantively to the defense. They also had the opportunity to object to AmSouth’s failure to raise estoppel formally in the pleadings. The Roses did not object. Nor do they argue on appeal that they were prejudiced by AmSouth’s procedural error. Consequently, the District Court properly considered the merits of AmSouth’s estoppel defense. See Curry v. City of Syracuse, 316 F.3d 324, 331 (2d Cir.2003) (<HOLDING>). II. The Merits of AmSouth’s Estoppel Defense Options: A. holding that a defendant avoids causing undue prejudice by providing the plaintiff with notice and the opportunity to challenge an affirmative defense B. holding that laches is an affirmative defense C. holding that fair use is an affirmative defense D. holding that there was no prejudice where had the district court allowed the moving party the proper opportunity to respond the evidence would have been properly in front of the district court E. holding that unpleaded affirmative defense was properly considered by the district court where plaintiff had notice of the defense and an opportunity to respond

assistant: The best answer is E. holding that unpleaded affirmative defense was properly considered by the district court where plaintiff had notice of the defense and an opportunity to respond
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower agrees to take such further actions as Administrative Agent or any Lender shall reasonably request from time to time in connection herewith to evidence, give effect to or carry out this Agreement, the other Loan Documents and any of the transactions contemplated hereby or thereby. Promptly after Administrative Agent’s request therefor, Borrower shall execute or cause to be executed and delivered to Administrative Agent such instruments, assignments, title certificates or other documents as are necessary or desirable under the UCC or other applicable law to protect or perfect Administrative Agent’s Liens upon the Collateral.

assistant: Further Assurances
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 become effective as of the date first written above upon (a) delivery to the Administrative Agent of (i) counterparts of this Agreement duly executed by each of the parties hereto, (ii) a fully executed copy of that certain Fee Letter dated as of the date hereof, and (iii) final draft forms of the Seller’s amended and restated subordinated promissory notes a reasonable period of time prior to the execution thereof and fully executed copies of such notes and (b) payment of the legal fees of counsel to the Administrative Agent accrued on or prior to the date of this Agreement in connection with the preparation, negotiation and execution of this Agreement and all other instruments, documents and agreements executed and delivered in connection with this Agreement.

assistant: Effectiveness