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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement has been duly executed and delivered by the Borrowers and constitutes, and each other Loan Document when executed and delivered by the Borrowers and each Guarantor that is party thereto will constitute, a legal, valid and binding obligation of such Loan Party enforceable against the Borrowers and each such Guarantor in accordance with its terms, subject to (a) the effects of bankruptcy, insolvency, moratorium, administration, reorganization, Irish examinership, fraudulent conveyance or other similar laws affecting creditors’ rights generally, (b) general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law), (c) implied covenants of good faith and fair dealing, and (d) the need for filings and registrations necessary to perfect the Liens on the Collateral granted by the Loan Parties in favor of the Collateral Agent.

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: Borrower shall give prompt notice to Agent of any litigation (other than ordinary course “slip and fall” litigation that is covered by insurance) or governmental proceedings pending or threatened in writing against the Property, Borrower, or any SPE Party or any Guarantor that could reasonably be expected to have a Material Adverse Effect.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before December 21, 2018; provided, however, that the delay in Closing is not due to such Purchaser’s failure to satisfy its closing conditions and no such termination will affect the right of any party to sue for any breach by any other party (or parties).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties acknowledge that each party and its counsel have reviewed this Agreement and each Other Document and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement and each Other Document or any amendments, schedules or exhibits thereto.

assistant: Construction
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 statement, information, report, representation, or warranty made by any Borrower or any other Obligated Party in this Agreement, in any other Loan Document or the Intercreditor Agreement or furnished to Administrative Agent or any Lender in connection with this Agreement or any of the transactions contemplated hereby contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements herein or therein not misleading. There is no fact known to any Borrower which is a Material Adverse Event, or which might in the future be reasonably expected to result in a Material Adverse Event that has not been disclosed in writing to Administrative Agent and each Lender.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of New York and Dolloff of New Mexico.” This issue may have ramifications beyond this suit. Pursuant to NMRA 1-019A, joinder of Dolloff of New Mexico is needed for a just adjudication of the coverage dispute. II. THE COURT WILL NOT REALIGN DOLLOFF OF NEW MEXICO AS A PARTY PLAINTIFF. There is no dispute that Nance already has a judgment against Dolloff of New Mexico. The question is whether Nance may seek to collect that judgment under a policy of insurance that Underwriters issued to Dolloff of New York. Underwriters contends that, because Nance already has a judgment against Dolloff of New Mexico, his interests are no longer adverse to Dolloff of New Mexico. Underwriters argues that his interests are now aligned with Dolloff of New Mexico. See Davis v. Carey, 149 F.Supp.2d at 596 (<HOLDING>). Underwriters urges that Davis v. Carey is Options: A. recognizing that the party against whom a default judgment is entered admits all wellpleaded factual allegations as true B. holding that district courts order granting motion for default judgment was erroneous because a default judgment cannot be entered until the amount of damages has been ascertained C. holding that the insurers declaratory relief action presented a justiciable controversy for the injured parties even though the insured tortfeasor had suffered a default judgment D. holding that the district court erred in dismissing the injured party from the insureds declaratory relief action based on a default judgment entered against the insured and the insureds tortfeasor son E. holding that no actual substantial controversy exists between plaintiff and tortfeasor against whom default judgment has been entered in a subsequent coverage action

assistant: The best answer is E. holding that no actual substantial controversy exists between plaintiff and tortfeasor against whom default judgment has been entered in a subsequent coverage 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 case excerpt and choose the best holding from the options. Case excerpt: employer's premises as contemplated by his contract of employment, he is entitled to compensation for injuries received during the reasonable and anticipated use of the premises.”)). 3 . In fact, this case presents an even stronger factual basis for applying respondeat superior than did either Rodgers or Childers. As the Ninth Circuit observed in a case that held the Government vicariously liable for an off-duty serviceman’s failure to control his pet dog: Military housing presents a unique situation. Unlike employees and residents of cities and towns, the employment relationship of residents of military bases continues even during off-duty, at home hours. Lutz v. United States, 685 F.2d 1178, 1185 (9th Cir.1982). See also, Blesy v. United States, 443 F.Supp. 358, 362 (W.D.N.Y.1978) (<HOLDING>). 4 . We make no pronouncement on drunkenness Options: A. holding that employees defamatory statements made at work about matters relating to work were within the scope of their employment for purposes of respondeat superior and recognizing that californias respondeat superior doctrine imposes a broad rule of liability on employers B. holding that the criminal acts committed by the defendants employees were outside of the scope of their employment and in no way advanced the interests of the defendant so that the defendant could not be held liable under a theory of respondeat superior citations omitted C. recognizing respondeat superior liability D. recognizing congresss intent to take into consideration the special characteristics of military employment when determining scope of employment for respondeat superior purposes under the ftca E. holding that the inquiry into whether an employee was acting within the scope of his employment depends on the respondeat superior law of the state in which the tort occurred

assistant: The best answer is D. recognizing congresss intent to take into consideration the special characteristics of military employment when determining scope of employment for respondeat superior purposes under the ftca
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 crime of attempt. State v. Martens, 274 Kan. 459, 466, 54 P.3d 960 (2002). We have previously determined that the crime of attempted rape does not require evidence of attempted penetration. State v. Gonzales, 245 Kan. 691, 698, 783 P.2d 1239 (1989). Although the overt act does not have to be the last proximate act in the consummation of the crime, it must be either the first or some subsequent step in a direct movement toward the commission of the crime after the preparations are made. Hedges, 269 Kan. at 905. Mere preparations include “devising or arranging the means or measures necessary” for committing the offense. State v. Garner, 237 Kan. 227, 239, 699 P.2d 468 (1985). It may be enough for the defendant to arrive at the scene where the crime is to occur. 237 Kan. at 238-40 (<HOLDING>). Each case is dependant on its particular Options: A. holding that the defendant committed an overt act toward the crime of attempted theft when he went to the owners property to prepare the cattle for shipment the next day B. holding that uncharged sexual acts committed upon the same victim are admissible to show the conduct of the defendant toward the victim and to corroborate the evidence of the offense charged in the indictment C. holding criminal conspiracy is sustained where the commonwealth establishes the defendant entered into an agreement to commit or aid in an unlawful act with another person with a shared criminal intent and an overt act was done in furtherance of the conspiracy a coconspirator may commit the overt act and conspirators are liable for acts of the coconspirators committed in furtherance of the conspiracy D. holding that an overt act may be a verbal statement or a physical act E. holding the crime of conspiracy is committed or not before the substantive crime begins

assistant: The best answer is A. holding that the defendant committed an overt act toward the crime of attempted theft when he went to the owners property to prepare the cattle for shipment the next day
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: On the Closing Date, upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and the Purchasers, severally and not jointly, agree to purchase, five million two hundred sixty three thousand one hundred fifty eight dollars ($5,263,158) in principal amount of the Debentures and the Warrants. Each Purchaser shall deliver to the Company, via wire transfer or a certified check, immediately available funds equal to such Purchaser’s Subscription Amount as set forth on the signature page hereto executed by such Purchaser, and the Company shall deliver to each Purchaser its respective Debenture and Warrants, as determined pursuant to Section 2.2(a) , and the Company and each Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing. Upon satisfaction of the covenants and conditions set forth in Sections 2.2 and 2.3 , the Closing shall occur at the offices of Haynes and Boone or such other location as the parties shall mutually agree.

assistant: Closings
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: jury from the accused and isolating its sentencing decision from the fact that the death sentence, if imposed, will actually result in the execution of a fellow human being.” J. Sullivan, supra, 15 N.M. L. Rev. 63. Consequently, “[t]he right to speak without threat of disclosing otherwise undisclosed information such as a prior record may prove valuable or decisive, to a capital defendant seeking to avoid the death penalty.” Id., 42. Moreover, I see “no reason why a capital defendant should have a lesser right to explain his position and ask for mercy by being sworn and subject to cross examination than a non-capital defendant, who has an unfettered right to allocute.” (Emphasis added.) United States v. Chong, supra, 104 F. Sup. 2d 1236; see State v. Strickland, supra, 243 Conn. 354 (<HOLDING>). As this court has stated, statutes must be Options: A. holding that the general rules of preservation apply in probation revocation proceedings B. recognizing right of allocution in probation revocation proceedings C. holding that probation revocation proceedings are clearly not criminal proceedings D. holding that standard for revocation of probation is preponderance of the evidence E. holding that a right to confrontation exists in parole revocation proceedings

assistant: The best answer is B. recognizing right of allocution in probation revocation proceedings
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: maritime law retained its full force. Id. Under Yamaha and Mo-ragne, federal maritime law sets a floor for recovery for wrongful death, and not a ceiling. Id. In the wake of Yamaha and Moragne, the federal courts, in accordance with those opinions, have applied state laws to admiralty cases where those state laws “fill gaps” or add additional avenues for recovery, but have not applied state laws that seek to remove proper avenues for recovery under maritime law. See, e.g., TAG/ ICIB Services, 215 F.3d at 177; Vanderpool v. Edmondson, No.1:01-cv-147, 2004 WL 5210154 at *4 (E.D.Tenn.2004) (“To the extent that Tennessee state law is in conflict with general maritime law, the conflicting state law must be disregarded.”); American Dredging Co. v. Lambert, 81 F.3d 127, 130-31 (11th Cir.1996) (<HOLDING>). Subsequently, in Norfolk Shipbuilding & Options: A. holding that a claim based on a cruise lines negligent mode of operation under florida law is not cognizable under federal admiralty law B. holding that nonpecuniary damages created under florida law were available in an admiralty action C. holding that damages are not relief that is available under the idea D. holding new york could lawfully modify a florida custody decree because florida court had right under florida law to change the decree E. holding that courts apply substantive admiralty law to claims that sound in admiralty regardless of whether the complaint invokes diversity or admiralty jurisdiction

assistant: The best answer is B. holding that nonpecuniary damages created under florida law were available in an admiralty 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: Subject to Sections 3(b) and 3(c) below, one share of Common Stock will, upon Vesting, be issuable for each Unit subject to the Award (“Shares”). Unless Grantee has elected to defer issuance of all or a portion of the Shares pursuant to a timely deferral election on a form provided by the Company (a “Deferral Election Form”) (in which case the Deferral Election Form will control the timing of issuance of any deferred Shares), immediately after Vesting, or as soon as administratively feasible, the Company will transfer the appropriate number of Shares to Grantee after satisfaction of any required tax or other withholding obligations. Any fractional Unit remaining after the Award is fully vested will be discarded and will not be converted into a fractional Share. Notwithstanding the foregoing, unless Grantee has elected to defer issuance of all or a portion of the Shares pursuant to a timely Deferral Election Form (in which case the Deferral Election Form will control the timing of issuance of any deferred Shares), the relevant number of Shares will be issued no later than sixty (60) days following vesting. Effective upon the consummation of a Corporate Transaction, the Award will terminate unless it is Assumed in connection with the Corporate Transaction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Employee agrees, by acceptance of the Award, that if the Employee breaches any provision of Sections 5(a), (b), (c), (d) or (e), in addition to any and all other remedies available to the Corporation, (i) the Award and all Restricted Units subject to the Award and any rights with respect to the Award and such Restricted Units shall upon written notice (which may be in electronic form) immediately be forfeited and terminate and be cancelled; and (ii) the Corporation shall have the right upon written notice (which may be in electronic form) to reclaim and receive from the Employee all Shares and cash, as applicable, issued or paid to the Employee in respect of the Restricted Units pursuant to Sections 1(b) and 1(c) above, or to the extent the Employee has transferred such Shares, the Fair Market Value thereof (as of the date such Shares were transferred by the Employee) in cash and any such return of Shares or payment of cash by the Employee which requires action on the part of the Employee shall be made within five (5) business days following receipt of written demand therefore.

assistant: Forfeitures
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: Mr. West shall be paid a fee in cash equal to $30,000 per month, payable at regular intervals as agreed upon by the parties, subject to any required tax withholding. Mr. West shall be entitled to reimbursement for reasonable expenses incurred in connection with his performance of the projects and assignments hereunder.

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 case excerpt and choose the best holding from the options. Case excerpt: fees in this order that Ms. Kay brings for our review. The purpose of section 61.16(1), Florida Statutes (2005), in permitting an award of attorney’s fees in dissolution and postdissolution proceedings is to ensure that both parties will have similar financial ability to obtain competent legal counsel. The primary factor in considering whether to award one party’s fees is the financial resources of the parties. Other factors that may also be considered include the merits of the parties’ respective positions, the duration of the litigation, whether the litig ). The trial court should also determine an attorney’s fee award upon the parties’ individual financial resources, not the financial assistance provided by family or friends. Mott v. Mott, 800 So.2d 331, 334 (Fla. 2d DCA 2001) (<HOLDING>). In this case, it is undisputed that Mr. Options: A. holding that when a defendant has in fact changed his residence but to all appearances is still occupying a former dwelling substituted service at the former dwelling is proper B. holding that the former husbands property from a noninterspousal gift may not be distributed under section 610751 although use of the former husbands separate property may be awarded to the former wife to satisfy the former husbands child support obligation C. holding that the voluntary contributions of a livein companion cannot be substituted for the legal obligation of a former spouse D. holding that voluntary testimony by spouse is not covered by husbandwife privilege E. holding that absent an actionable injury to one spouse the other spouse cannot recover for loss of consortium

assistant: The best answer is C. holding that the voluntary contributions of a livein companion cannot be substituted for the legal obligation of a former spouse
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 Borrowers in the Loan Documents and in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of the Loan Documents and the making of any Loans and issuance of any Letters of Credit, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Agent, the Issuing Bank or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under this Agreement is outstanding and unpaid or any Letter of Credit is outstanding and so long as the Commitments have not expired or terminated. The provisions of Sections 2.23, 2.26, and 9.3 and Section 8 shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Letters of Credit and the Commitments or the termination of this Agreement or any provision hereof. In connection with the termination of this Agreement and the release and termination of the security interests in the Collateral, the Agent may require such indemnities and collateral security as it shall reasonably deem necessary or appropriate under the circumstances to protect the Credit Parties against (x) loss on account of credits previously applied to the Obligations that may subsequently be reversed or revoked, (y) any obligations that may thereafter arise with respect to Bank Products or Cash Management Services, and (z) any Obligations that may thereafter arise under Section [ 9.3 ] 9.3 hereof.

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: The Executive shall receive an initial Base Salary at the annual rate of $800,000.00, with such Base Salary payable in installments consistent with the Company’s normal payroll schedule, subject to applicable withholding and taxes, and pro-rated for partial years. During the Term of Employment, the Base Salary shall be reviewed at such time as the salaries of other executives of the Company are reviewed generally. If the Base Salary is adjusted, such adjustment to Base Salary shall be made for all purposes of this Agreement.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you are located in japan and you buy skype credit from the skype website , this paragraph does not apply to you and your skype credit shall expire 6 months from the date of purchase .

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 Company will pay all expenses associated with performance of or compliance with this Agreement, including all registration, qualification and filing fees and expenses, printing fees, the Company’s counsel and accounting fees and expenses, costs associated with clearing the Registrable Securities for sale under applicable state securities laws, listing fees, fees and expenses of one counsel to VB Funding and VB Funding’s reasonable expenses in connection with the registration, but excluding discounts, commissions, fees of underwriters, selling brokers, dealer managers or similar securities industry professionals with respect to the Registrable Securities being sold.

assistant: Expenses
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: Maintenance of the required minimum quality standard for the BRAND is the responsibility of SWP. SWP shall indemnify and hold MassRoots harmless from all claims, demands, suits, actions, proceedings, costs, damages, expenses, and/or losses of any kind resulting from SWP’s activities pursuant to the license granted herein, including but not limited to the failure of SWP to meet any of its obligations hereunder. SWP at its expense shall promptly defend and continue the defense of any such claim, demand, suit, action, or proceeding relating to the BRAND. If SWP fails to retain counsel or to undertake and continue said defense as aforesaid, MassRoots shall have the right to make and continue such defense as may to it seem appropriate, and the expenses and costs thereof, including but not limited to counsel fees, out-of-pocket costs, and the costs of an appeal and bond thereof, together with the amount of any judgment rendered against MassRoots, shall be paid by SWP upon demand. Nothing herein before stated shall prevent MassRoots from defending any such claim, demand, suit, action, or proceeding at its own expense through its own counsel, notwithstanding that the defense thereof may have been undertaken by SWP, and SWP shall promptly notify MassRoots of the commencement or anticipated commencement of any such claim, demand, suit, action, or proceeding.

assistant: Indemnifications
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 member of the Consolidated Group has good record and marketable title in fee simple to, or valid leasehold interests in, all Properties necessary or used in the ordinary conduct of its business, except for such defects in title as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. Each applicable Loan Party has good record and marketable fee simple title (or, in the case of Acceptable Ground Leases, a valid leasehold) to the Unencumbered Property owned by such Loan Party, subject only to Liens permitted by Section 8.01 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be terminated and the sale and purchase of the Preferred Shares abandoned at any time prior to the Closing by either the Company or any Purchaser (with respect to itself only) upon written notice to the other, if the Closing has not been consummated on or prior to 5:00 p.m., Pacific time, on the Outside Date; provided, however , that the right to terminate this Agreement under this Section 6.11 shall not be available to any Person whose failure to comply with its obligations under this Agreement has been the cause of or resulted in the failure of the Closing to occur on or before such time. Nothing in this Section 6.11 shall be deemed to release any party from any liability for any breach by such party of the terms and provisions of this Agreement or the other Transaction Documents or to impair the right of any party to compel specific performance by any other party of its obligations under this Agreement or the other Transaction Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Other than actions described in the most recent SEC Report, there is no action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “ Action ”) which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the Securities or (ii) would, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect. Other than actions described in the SEC Reports, neither the Company nor any Subsidiary, nor any director or officer thereof, is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the Commission involving the Company or any current or former director or officer of the Company. The Commission has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under the Exchange Act or the Securities Act.

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: or strategy would have been materially different had the violation not occurred. Trial preparation or strategy should be considered materially different if it reasonably could have benefited the defendant. In making this determination every conceivable course of action must be considered. If the reviewing court finds that there is a reasonable possibility that the discovery violation prejudiced the defense or if the record is insufficient to determine that the defense was not materially affected, the error must be considered harmful. In other words, only if the appellate court can say beyond a reasonable doubt that the defense was not procedurally prejudiced by the discovery violation can the error be considered harmless. Id. at 1020-21. See also Cox v. State, 819 So.2d 705 (Fla.2002)(<HOLDING>). Here, our review of the record reveals that Options: A. holding that where the state commits a discovery violation the standard for harmless error is extraordinarily high a defendant is presumed to be procedurally prejudiced if there is a reasonable probability that the defendants trial preparation or strategy would have been materially different had the violation not occurred and a states discovery violation is harmless only if the appellate court can say beyond a reasonable doubt that the defense was not procedurally prejudiced B. holding that discovery violation hearing was required to determine whether defendant was procedurally prejudiced by the states nondisclosure of veterinary assistant as expert witness in defendants trial for animal cruelty C. holding that trial court must determine whether fifth amendment violation was harmless beyond a reasonable doubt D. holding that appellate court should review error in trial procedure to determine if it was harmless beyond a reasonable doubt E. holding that trial courts failure to conduct richardson hearing concerning states discovery violation in not designating a detective as an expert was not harmless even though detectives testimony was brief appellate court could not say beyond a reasonable doubt that defendant was not procedurally prejudiced by the discovery violation

assistant: The best answer is A. holding that where the state commits a discovery violation the standard for harmless error is extraordinarily high a defendant is presumed to be procedurally prejudiced if there is a reasonable probability that the defendants trial preparation or strategy would have been materially different had the violation not occurred and a states discovery violation is harmless only if the appellate court can say beyond a reasonable doubt that the defense was not procedurally prejudiced
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties hereto agree that the whole agreement between them is written herein, and that a Memorandum of Lease, if any, entered into as of the same date and covering the Leased Premises, is intended for recording and is not intended to supersede, abrogate, change, alter or modify any of the terms of this Lease.

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: Sections 6.02, 6.03, 6.07, 6.08, 6.09, 6.10 and 6.12 of the Investment Agreement are incorporated herein by reference, mutatis mutandis .

assistant: Miscellaneous