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: The Stockholder has legal right and capacity, to execute and deliver this Agreement, to perform the Stockholder’s obligations hereunder and to consummate the transactions contemplated by this Agreement. The execution and delivery of this Agreement by the Stockholder and the consummation of the transactions contemplated by this Agreement have been duly and validly authorized by all necessary action of the Stockholder, and no other proceedings on the part of the Stockholder or any Affiliate thereof are necessary to authorize the execution and delivery of this Agreement or to consummate the transactions contemplated by this Agreement. This Agreement has been duly executed and delivered by the Stockholder and, assuming the due authorization, execution and delivery by Parent, this Agreement constitutes a valid and binding obligation of the Stockholder, enforceable against the Stockholder in accordance with its terms (except to the extent that enforceability (a) may be limited by applicable bankruptcy, insolvency, fraudulent transfer, moratorium, reorganization or similar Laws affecting or relating to creditors’ rights generally (whether now or hereafter in effect) and (b) is subject to general principles of equity).

assistant: Authorizations
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: governing relief from final judgments on grounds such as mistake or fraud are applicable to property settlements in divorce decrees. Larson v. Larson, 661 P.2d 626 (Alaska 1983). Furthermore, relief from judgment is addressed to the sound discretion of the trial court, and the court's ruling will not be disturbed except upon a showing of abuse of discretion. Gravel v. Alaskan Village, Inc., 423 P.2d 273 (Alaska 1967). 4 . Rule 60(b) motions based on errors of law should be filed within the same time period for the filing of a notice of appeal, which is thirty days. Alaska Placer Co. v. Lee, 502 P.2d 128, 130 (Alaska 1972) (citing Alaska Truck Transport, Inc. v. Berman Packing Co., 469 P.2d 697 (Alaska 1970)). But see Alaskan Village, Inc. v. Smalley, 720 P.2d 945, 951 (Alaska 1986) (<HOLDING>). 5 . Bonita's Rule 60(b) motion was filed Options: A. holding that although the trial justice did not adopt the specific language that defendant requested be used in instructing the jury the trial justice adequately and accurately instructed the jury as to that element of the charge B. holding that trial court had discretion to relax the thirtyday rule in the interests of justice C. holding the interests of justice would not be served by remanding for new trial on the offense of seconddegree murder D. holding that the trial court did not abuse its discretion in refusing to relax the civil rules and hear a motion that was essentially a filing long overdue E. holding that district court did not abuse discretion in denying motion for new trial because nonmovant presented sufficient evidence at trial for the district court to conclude that the outcome was not against the great weight of the evidence so as to constitute a miscarriage of justice

assistant: The best answer is B. holding that trial court had discretion to relax the thirtyday rule in the interests of justice
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 to exercise, no course of dealing with respect to the exercise of, and no delay in exercising, any right, power or remedy arising under this Agreement or any of the other Security Documents shall impair any such right, power or remedy or operate as a waiver thereof. No single or partial exercise of any such right, power or remedy shall preclude any other or future exercise thereof or the exercise of any other right, power or remedy. The remedies herein are cumulative and are not exclusive of any remedies provided by law.

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: No waiver by the Company or any Participant, as the case may be, at any time of any breach by the other party of, or of any lack of compliance with, any condition or provision of this Plan to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. All other plans, policies and arrangements of the Company Group in which a Participant participates during the term of this Plan shall be interpreted so as to avoid the duplication of benefits paid hereunder.

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: without limiting supercell 's liability under section 7 below , the service is provided on an `` as is '' and `` as available '' basis for your use , without warranties of any kind , express or implied , including without limitation the warranties of merchantability , fitness for a particular purpose , title , non-infringement , and those arising from course of dealing or usage of trade .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This is an Agreement for the performance of personal services by you and may not be assigned by you or CBS except that CBS may assign this Agreement to any majority-owned subsidiary of or any successor in interest to CBS, provided that such assignee expressly assumes all of the obligations of CBS 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 legal provision and list the applicable contract clause categories. Provision: All information relating to or concerning the Company or any of its Subsidiaries set forth in this Agreement and provided to the Buyer pursuant to Section 2(d) hereof and otherwise in connection with the transactions contemplated hereby is true and correct in all material respects and the Company has not omitted to state any material fact necessary in order to make the statements made herein or therein, in light of the circumstances under which they were made, not misleading. No material event or circumstance has occurred or exists with respect to the Company or any of its Subsidiaries or its or their business, properties, prospects, operations or financial conditions, which, under applicable law, rule or regulation, requires public disclosure or announcement by the Company but which has not been so publicly announced or disclosed (assuming for this purpose that the Company’s reports filed under the 1934 Act are being incorporated into an effective registration statement filed by the Company under the 1933 Act).

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: Rowlette v. Paul, 219 Ga. App. 597, 599 (466 SE2d 37) (1995) (noting that “[i]t is not enough, however, that the possessor of the animal has reason to know that it has a propensity to do harm in one or more specific ways; it is necessary that he have reason to know of its propensity to do harm of the type which it inflicts” (punctuation omitted)); Sutton v. Sutton, 145 Ga. App. 22, 25 (1) (243 SE2d 310) (1978) (noting that the proper test is “whether the one incident was of such nature as to cause a reasonably prudent person to believe that the animal was sufficiently dangerous as to be likely to cause an injury at a later time”). 11 Stennette, 316 Ga. App. at 429 (1) (b); accord Wade, 246 Ga. App. at 460 (1). 12 See Phiel v. Boston, 262 Ga. App. 814, 816-17 (1) (586 SE2d 718) (2003) (<HOLDING>); Durham, 234 Ga. App. at 773 (1) (holding that Options: A. holding that a dogs behavior of barking and growling amounted only to menacing behavior insufficient to notify the owner of the dogs propensity to bite B. holding that where both vessels had the same owner it was not an abuse of discretion to give 75 of the salvage award to the owner C. holding evidence insufficient to support confinement where record lacked any evidence of an overt act or continuing pattern of behavior D. holding stock dividend payable to actual owner not owner of record E. holding that the evidence created a genuine issue of material fact as to whether the dog owner had undertaken a duty to keep the dogs away from a housekeeper when the housekeeper had asked the dog owner to confine the dog while she cleaned the house and the dog owner complied with her request on previous occasions

assistant: The best answer is A. holding that a dogs behavior of barking and growling amounted only to menacing behavior insufficient to notify the owner of the dogs propensity to bite
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: all copyright , trademarks , design rights , patents and other intellectual property rights ( registered and unregistered ) in and on the services and ua content belong to under armour and/or its partners or applicable third parties .

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 two calendar years preceding the calendar year in which the petition was filed. R.68 ¶¶ 20-21. Segal provided this explanation only in an opposition brief filed by counsel; he did not submit an affidavit to this effect. 8 . Segal also asserted claims for fraud and civil conspiracy based on the Guarantors’ alleged forgery of Segal’s signature on the release. 9 . The Bankruptcy Court’s April 3, 2013, Order approving the Trustee’s application to employ special litigation counsel was the subject of a previous appeal, which this Cou le, in which the Supreme Court held claims for loss-carryback tax refunds based on losses suffered and net income taxes paid by the debtors before they filed for bankruptcy protection were property of the debtors’ estates. See 382 U.S. at 380, 86 S.Ct. 511 (<HOLDING>). Although Segal was decided under the Options: A. holding that because the purpose of the bankruptcy code is to give honest debtors a fresh start the language of section 523a1c includes attempts by a debtor to evade payment of taxes B. holding that because the amount of the debtors obligation to the government exceeded the amount of their income tax refund the refund did not become property of the estate and could not be exempted C. holding that a taxpayer only has a refund right after the irs has credited the refund to other underpaid taxes therefore the refund was not part of the bankruptcy estate D. holding the losscarryback refund claims were sufficiently rooted in the prebankruptcy past and so little entangled with the bankrupts ability to make an unencumbered fresh start that they should be regarded as property under 70a5 of the bankruptcy act E. holding that an anticipated tax refund was property of the bankruptcy estate as of the date the bankruptcy case was filed

assistant: The best answer is D. holding the losscarryback refund claims were sufficiently rooted in the prebankruptcy past and so little entangled with the bankrupts ability to make an unencumbered fresh start that they should be regarded as property under 70a5 of the bankruptcy act
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: minutes; (2) see the assailant “well;” (3) provide a description of the assailant that is consistent with Respondent’s height, (see Ex. 24); (4) appear confident of his photographic identification of Respondent as the person driving the black pickup truck that was left at the parking lot; and (5) identify Respondent’s photograph nine days after the shooting occurred. After considering the relevant factors for each witness, the Court finds that each of the witness’s statement is independently reliable for purposes of determining probable cause. The Court further notes that any one of the three w weakness in Mexico’s ease against Respondent, but it does not “completely obliterate” evidence of probable cause, and such evidence could be properly excluded. See Garza, 180 Fed.Appx. at 523 (<HOLDING>); see also Barapind v. Enomoto, 400 F.3d 744, Options: A. holding that a witnesss testimony or an exhibit may not explicitly and directly contain an opinion as to a trial witnesss credibility B. holding that a trial witnesss testimony as to the credibility of another witness was prejudicial error C. holding that conviction on appeal is not admissible to impeach witnesss credibility D. holding that it was not erroneous for committing court to refuse to admit an affidavit from a private investigator that provided evidence of a witnesss lack of credibility when the affidavit would not have explained away the witnesss testimony but only challenged its credibility E. holding that under hubbard a trial courts error in excluding bias evidence would be harmless if either 1 despite the exclusion the jury nonetheless had an adequate opportunity to assess the witnesss credibility or 2 the witnesss credibility was not important to the outcome of the trial emphasis added

assistant: The best answer is D. holding that it was not erroneous for committing court to refuse to admit an affidavit from a private investigator that provided evidence of a witnesss lack of credibility when the affidavit would not have explained away the witnesss testimony but only challenged its credibility
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: requires that the state real estate transfer tax be paid within 15 days from the day of delivery, from the grantor to the grantee, of the instrument effecting the conveyance. NY Tax § 1410. Under § 1410(b), an instrument effecting a conveyance cannot be recorded unless the real estate transfer tax, under § 1410(a), has been paid. Id. Assuming that Plaintiff is correct that the transfer tax was not paid, this fact would not resurrect his right of redemption. The payment of the transfer tax is no different from any other ministerial act that is necessary to close the foreclosure sale, such as transfer of a deed. As explained above, fulfillment of ministerial acts incidental to a foreclosure sale are not necessary to extinguish a debtor’s right of redemption. See Rodgers, 333 F.3d at 69 (<HOLDING>). Furthermore, Cerrato lacks standing to claim Options: A. holding ministerial action of filing renewal affidavit not prohibited by automatic bankruptcy stay B. holding that the delivery of the deed following a foreclosure sale was a ministerial act that was not prohibited by the automatic stay C. holding that the automatic stay did not bar the filing of a proof of claim where the debtor actively litigated a separate action during the pending bankruptcy proceeding because to permit the automatic stay provision to be used as a trump card played after an unfavorable result was reached would be inconsistent with the underlying purpose of the automatic stay D. holding that the application for a tax deed upon expiration of the redemption period did not violate the automatic stay E. holding that the denial of a motion to find a violation of the automatic stay was a final order

assistant: The best answer is B. holding that the delivery of the deed following a foreclosure sale was a ministerial act that was not prohibited by the automatic stay
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 the parties are unable to agree upon an arbitrator within seven ( 7 ) days of delivery of the demand for arbitration , then the aaa will appoint the arbitrator in accordance with the aaa rules .

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: that, mthout revealing information itself privileged or protected, will enable the other parties to assess the claim”) (emphasis added). It is this Court’s responsibility, and certainly not Plaintiffs’ or Defendants’, to determine whether privilege exists. Am. Nat’l Bank & Trust Co. of Chicago v. Equitable Life Assurance Soc’y of the U.S., 406 F.3d 867, 880 n. 7 (7th Cir.2005) (“ ‘The responsibility of determining whether the [attorney-client] privilege exists rests upon the District Judge and not upon the lawyer whose client claims the privilege.’ ” (quoting U.S. v. Tratner, 511 F.2d 248, 252 (7th Cir.1975) (citation omitted))). After a document-by-document review, Am. Nat’l Bank & Trust Co. of Chicago v. Equitable Life Assurance Soc’y of the US., 406 F.3d 867, 879-880 (7th Cir.2005) (<HOLDING>), this Court has determined that the Options: A. holding that the trial court may consider documents submitted by the defendant on a motion to dismiss solely for a nonhearsay purpose and therefore may not rely on factual assertions in the documents for the truth of the matter asserted B. holding that production of documents without a claim of privilege waives the right to later claim that privilege C. holding that pursuant to the best evidence rule trial testimony relying on documents was inadmissible without submission of such documents or an explanation as to why the documents were unavailable D. holding that a court must review all of the documents claimed as privileged and cannot rely on a random sampling of documents to determine privilege E. holding that where original documents were illegally seized those documents as well as all copies had to be returned

assistant: The best answer is D. holding that a court must review all of the documents claimed as privileged and cannot rely on a random sampling of documents to determine privilege
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 (or upon delivery will have been) duly executed by Linn and, when delivered in accordance with the terms hereof, will constitute the valid and binding obligation of Linn enforceable against Linn in accordance with its terms.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Award Notice and this Agreement shall be governed by the laws of the State of Delaware, excluding any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of the Award Notice and this Agreement to the substantive law of another jurisdiction. You agree to submit to the exclusive jurisdiction and venue of the federal or state courts of Colorado, to resolve any and all issues that may arise out of or relate to the Incentive Plan, the Award Notice or this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: responsibility for care and support of the child. Certainly, filing a voluntary paternity suit is always against a party’s pecuniary interests. Ramon’s argument suggests, however, that the award of attorney fees is punitive in nature. Section 11.18 clearly provides that in family law situations, fees may be awarded as costs. Tex.Fam.Code Ann. § 11.18(a) (Vernon 1986). The awarding of fees as costs is based not on a punitive rationale but rather on a “best interests” rationale. See Tropoli, 740 S.W.2d at 565. Here, the trial court found that the awarding of attorney fees to Lisa was in the best interests of Mallory. The “best interest” of the children in this state is within the public policy of this state. See Drexel v. McCutcheon, 604 S.W.2d 430, 435 (Tex.Civ.App.—Waco 1980, no writ) (<HOLDING>). Ramon’s second point of error is overruled. Options: A. holding that an award of attorneys fees under supreme court rule 38 precursor to rule 222 did not preempt an award of attorneys fees to which one is otherwise entitled and thus appellant could seek an award of attorneys fees pursuant to section 1577300 which permits an award of fees for a party prevailing in an action against a state agency B. holding that attorneys fees were nondischargeable as maintenance even though award was in favor of attorneys not spouse because it was rendered in light of the financial resources of the parties C. holding that an award of attorney fees for services rendered at the instance of the custodial parent in defending an action for change of custody may be allowed even though the defense was unsuccessful and even though it was claimed that such an award violated public policy D. holding that the ridings at whitpain does not require a reduction in an attorney fee award for an unsuccessful complaint but simply concluded that a trial court was justified in reducing the award if the record supported such a decision E. holding that it was not an abuse of discretion for the court to deny an award of attorneys fees to the wife

assistant: The best answer is C. holding that an award of attorney fees for services rendered at the instance of the custodial parent in defending an action for change of custody may be allowed even though the defense was unsuccessful and even though it was claimed that such an award violated public 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 legal provision and list the applicable contract clause categories. Provision: Subject to Sections 10.1 and 10.3 , the parties agree to resolve any Dispute exclusively through binding arbitration conducted under the auspices of the American Arbitration Association (the “ AAA ”) pursuant to AAA’s Commercial Arbitration Rules presently in effect. The parties shall appoint an arbitrator with at least ten (10) years of experience as an attorney and experience in the medical diagnostics industry so as to better understand the legal, business and scientific issues addressed in the arbitration. Any arbitration hereunder shall be brought in San Diego, California. Unless agreed otherwise by the parties, the parties shall have thirty (30) days from the appointment of the arbitrator to present and/or submit their positions to the arbitrator, and the parties shall have a hearing before the arbitrator within ten (10) business days of such submission. Each party agrees to use reasonable efforts to make all of its current employees available, if reasonably needed, and agrees that the arbitrator may deem any party as “necessary.” The arbitrator shall hear evidence by each party and resolve each of the issues identified by the parties. The arbitrator shall be instructed and required to render a written, binding, non-appealable resolution and award on each issue which clearly states the basis upon which such resolution and award is made. The written resolution and award shall be delivered to the parties as expeditiously as possible, but in no event more than thirty (30) days after conclusion of the hearing, unless otherwise agreed to by the parties. The parties shall use all reasonable efforts to keep arbitration costs to a minimum. Each party must bear its own attorneys’ fees and associated costs and expenses. Each party agrees that, notwithstanding any provision of applicable law or of this Agreement, it will not request, and the arbitrators shall have no authority to award, punitive or exemplary damages against any party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: None of the Agents or the Lenders shall by any act (except by a written instrument pursuant to Section 10.01), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Arranger, Agent or Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Arranger, Agent or Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which such Arranger, Agent or Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

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: claims makes them amenable to class action litigation, the geographical location of the class members is Texas, and the likelihood that class members would be unable to prosecute individual lawsuits because most do not know of the existence of the causes of action accruing to them as a result of LSRC’s unlicensed-public-adjuster status—all weigh in favor of class certification. The Keys satisfied rule 42(a)’s numerosity requirement. See, e.g., Durrett v. John Deere Co., 150 F.R.D. 555, 557 (N.D. Tex. 1993) (“Because the estimate of potential class members ranges as high as 14,000, the Court has no difficulty concluding that a class certified in this cause would satisfy the numerosity requirement”); Zeidman v. J. Ray McDermott & Co., 651 F.2d 1030, 1038 (6th Cir. 1981) (<HOLDING>); Phillips v. J. Legis. Comm., 637 F.2d 1014, Options: A. recognizing a narrow class of cases in which the termination of the class representatives claim for relief does not moot the claims of the class members B. recognizing that in determining numerosity the proper focus is not on numbers alone but on whether joinder of all members is practicable in view of the numerosity of the class and all other relevant factors C. holding that in class action the claim or defense of the representative party must be typical of the claim or defense of each member of the class D. recognizing that in determining numerosity courts must consider the geographical dispersion of the class the ease with which class members may be identified the nature of the action and the size of each plaintiffs claim E. holding that to maintain a class action the existence of the class must be pleaded and the limits of the class must be defined with some specificity

assistant: The best answer is D. recognizing that in determining numerosity courts must consider the geographical dispersion of the class the ease with which class members may be identified the nature of the action and the size of each plaintiffs claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: therefore constitute circumstantial evidence that, when considered together with other evidence, may give rise to a reasonable inference of age discrimination.” Fisher v. Pharmacia & Upjohn, 225 F.3d 915, 923 (8th Cir.2000) (internal citations omitted). The Court notes that plaintiff admits the comments made by Joe Maynard were not directed specifically at her. Further, the meeting at which he made these comments occurred almost one year before plaintiff was terminated — and eight months prior to the first company lay-off. Based on these two facts, the Court finds that the remarks — while they might be seen as evidence of some discriminatory animus — are somewhat “outdated” and also lack significant probative value. See Walton v. McDonnell Douglas Corp., 167 F.3d 423 428 (8th Cir.1999) (<HOLDING>). Thus, the Court finds that these remarks by Options: A. holding that absent a casual link between supervisors isolated racial remarks and employers decision to promote stray remarks cannot support a verdict for race discrimination B. holding that ageist comments by coworkers were merely stray remarks that while indicating an agediscriminatory animus on the part of those employees under the circumstances of the case were of no probative value as to the employers decisionmaking process C. holding that stray remarks made almost two years prior to employment action was outdated and lacking in apparent probative value D. holding that a comment made by a person who played no role in the employment decision was a stray remark that lacked any probative value as a matter of law E. holding that comments which were considered by personnel board in normal course of considering employment action were relevant to establish discriminatory intent and were not just stray remarks

assistant: The best answer is C. holding that stray remarks made almost two years prior to employment action was outdated and lacking in apparent probative value
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in any number of counterparts, and by the parties hereto on the same or separate counterparts, and each such counterpart, when executed and delivered, shall be deemed to be an original, but all such counterparts shall together constitute but one and the same Amendment. Receipt by telecopy or electronic mail of any executed signature page to this Amendment shall constitute effective delivery of such signature page.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the Rehearing Order. Had Williston filed a timely petition for judicial review of the Rehearing Order, which it knew to be a final order subject to judicial review, this court would have been obliged to consider the petition on its merits. The logical extension of Williston’s argument, which we cannot accept, is that a petitioner can file a request for reconsideration of a Commission order whenever it desires, and that such filing tolls the 60-day statute of limitations for judicial quirements, such as the provisions of 15 U.S.C. § 717r, are not mere technicalities that can be brushed aside by a court. And a petitioner cannot escape the NGA’s jurisdictional requirements by filing an untimely or procedurally defective request for reconsideration. See Moreau, 982 F.2d at 563 (<HOLDING>). The simple point here is that “subject-matter Options: A. holding that in a case in which petitioners did not move for rehearing of fercs order until approximately eight months after the order issued the court would not exempt from the time limit those who like petitioners choose to sit on the sidelines to wait and see what happens in ferc proceedings B. holding that the denial of petitioners appeal to the bia would have put a reasonable person in the petitioners position on notice that something was wrong with his attorneys preparation for the removal hearing C. holding that petitioners have not established the requisite need of the highest order D. holding that the federal role in reviewing an application for habeas corpus is limited to evaluating what occurred in the state or federal proceedings that actually led to the petitioners conviction what occurred in the petitioners collateral proceeding does not enter into the habeas proceeding E. holding that attorneys admission to an element of the offense in the petitioners presence at a deportation hearing was binding on the petitioners

assistant: The best answer is A. holding that in a case in which petitioners did not move for rehearing of fercs order until approximately eight months after the order issued the court would not exempt from the time limit those who like petitioners choose to sit on the sidelines to wait and see what happens in ferc 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 legal provision and list the applicable contract clause categories. Provision: No provisions of this Agreement shall be deemed waived, amended, supplemented or modified by any Party, unless such waiver, amendment, supplement or modification is in writing and signed by the authorized representative of the Party against whom such waiver, amendment, supplement or modification is sought to be enforced; provided , however , that the Partnership and the Operating Company may not, without the prior approval of the Conflicts Committee, agree to any amendment or modification of this Agreement that the General Partner determines will adversely affect the holders of Common Units.

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: You agree that this Award is granted under and governed by the terms and conditions of the Plan and this Agreement. In the event of any conflict, the terms of the Plan shall control. Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in this Agreement.

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 Borrower agrees to pay or reimburse the Administrative Agent for all of its reasonable out-of-pocket costs and expenses incurred in connection with this Amendment, any other documents prepared in connection herewith and the transactions contemplated hereby, including, without limitation, the reasonable fees and disbursements of counsel to the Administrative Agent.

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 case excerpt and choose the best holding from the options. Case excerpt: This is substantiated by the extensive press coverage of the 1967 and 1968 court proceedings. Third, only in recent years have courts and the general public come to recognize that children born of unmarried parents should not be penalized by being accorded a status for which they are not to blame. In the 1967 and 1968 proceedings, attorney Hamilton argued on Ms. Stone’s behalf that discriminating against illegitimate children violated the Federal Constitution. Unfortunately for appellant, Hamilton was before his time; the case that would remove much of the stigma associated with illegitimacy was then pending before the Supreme Court, but not decided until after appellant’s rights had been adjudicated. See Levy v. Louisiana, 391 U.S. 68, 72, 88 S.Ct. 1509, 1511, 20 L.Ed.2d 436 (1968) (<HOLDING>). But even though Ms. Stone might arguably be Options: A. holding that the state has interest apart from affected individuals in antitrust suit against railroads for price fixing that discriminated against georgia shippers B. holding unconstitutional state statute that discriminated against illegitimates to discourage births out of wedlock C. holding manufacturing exception to pennsylvanias capital stock and franchise taxes unconstitutional because it facially discriminated against interstate commerce D. holding a suit against an agency of the state is a suit against the state E. holding that three municipal flow control ordinances similar to the one here at issue discriminated against interstate commerce

assistant: The best answer is B. holding unconstitutional state statute that discriminated against illegitimates to discourage births out of wedlock
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: punishment for violation; specifically, a Class A misdemeanor. Id. These provisions relate clearly and directly to regulation of a sexually-oriented enterprise. See State v. Garcia, 823 S.W.2d 793, 798-99 (Tex.App.-San Antonio 1992, pet. ref d); Schope v. State, 647 S.W.2d 675, 678-79 (Tex.App.-Houston [14th Dist.] 1982, pet. ref d). Therefore, we conclude the language of the ordinance is not unconstitutionally vague, it gives clear definition as to what types of establishments and employees are subject to its terms, and it provides guidance to both law enforcement and the general public concerning what type of conduct is prohibited and how the ordinance will be enforced. See Carmaco, 203 S.W.3d at 600; Haddad v. State, 9 S.W.3d 454, 457-58 (Tex.App.-Houston [1st Dist.] 1999, no pet.) (<HOLDING>). Therefore, we overrule appellant’s three Options: A. holding 3631 not vague or overbroad B. holding the ordinance as applied to entertainers performing at a sexuallyoriented business is not unconstitutionally vague or overbroad C. holding that attorney disciplinary rule was unconstitutionally vague as applied D. holding 241 not vague or overbroad E. holding factor b is not unconstitutionally vague

assistant: The best answer is B. holding the ordinance as applied to entertainers performing at a sexuallyoriented business is not unconstitutionally vague or overbroad
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 granting and exercising of the Option, and any other obligations of the Company under this Agreement shall be subject to all Applicable Laws and to such approvals by any regulatory or governmental agency as may be required. The Committee, in its sole discretion, may postpone the issuance or delivery of Common Stock hereunder as the Committee may consider appropriate and may require the Participant to make such representations and furnish such information as it may consider appropriate in connection with the issuance or delivery of Common Stock hereunder in compliance with applicable laws, rules, and regulations.

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 legal provision and list the applicable contract clause categories. Provision: All notices, requests and other communications hereunder shall be in writing and shall be deemed to have been duly given at the time of receipt if delivered by hand or communicated by electronic transmission, or, if mailed, three days after deposit in the United States mail, registered or certified, return receipt requested, with postage prepaid and addressed to the party to receive same, if to the Company, addressed to Mr. Paul Parliament, CEO, at 590 York Road, Unit 3, Niagara On The Lake, Ontario, CANADA L0S 1J0, telephone (716) 803-0621, and e-mail XXXXXXX and if to the Employee, addressed to Mr. Rich Kaiser at XXXXX telephone (757)-306-6090 and e-mail XXXXX ; provided, however, that if either party shall have designated a different address by notice to the other given as provided above, then any subsequent notice shall be addressed to such party at the last address so designated.

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: Wolverine or one of its subsidiaries shall be entitled to (a) withhold and deduct from Employee’s future wages (or from other amounts that may be due and owing to Employee from Wolverine or a subsidiary), or make other arrangements for the collection of, all legally required amounts necessary to satisfy any and all federal, state, and local withholding and employment-related tax requirements attributable to the Restricted Stock award under this Agreement, including, without limitation, the award or vesting of, or payments of dividends with respect to, the Restricted Stock; or (b) require Employee promptly to remit the amount of such withholding to Wolverine or a subsidiary before taking any action with respect to the Restricted Stock. Unless the Committee provides otherwise, withholding may be satisfied by withholding common stock to be received or by delivery to Wolverine or a subsidiary of previously owned common stock of Wolverine.

assistant: 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: committee. (Compl. 6 at ¶ 28.) If Devlin, as the ultimate decisionmaker, routinely excluded applications from homosexual applicants (which Gill implies by asserting that she has not been hired for any of the 32 positions at TCCD she applied for since she first was not hired for a permanent position) and if Howell and other TCCD administrators failed to appropriately address Gill’s complaints because of the alleged animus, these allegations along with Devlin’s isolated comment about TCCD not “liking homosexuals” suffices under Rule 12(b)(6) to plausibly allege a persistent and widespread custom of not hiring homosexual applicants that TCCD would or should have been aware of. (Compl. 7 at ¶ 30-34.) See, e.g., Ercegovich v. Goodyear Tire & Rubber Co., 154 F.3d 344, 356 (6th Cir.1998) (<HOLDING>). The Court recognizes that a municipal policy Options: A. holding isolated comment by senior official evidencing managerial policy coupled with discriminatory comments by individuals in high positions might reflect a cumulative managerial attitude among the employers managers that has influenced the decisionmaking process for a considerable time B. holding managers discriminatory remark indicative of age bias where buttressed by other evidence of discrimination and thus remark was not an isolated comment C. holding that an isolated comment is not direct evidence of discrimination even if a plaintiff interpreted it as motivated by a discriminatory animus D. recognizing that the seventh circuit consistently has held that isolated comments that are no more than stray remarks in the work place are insufficient to establish that a particular decision was motivated by discriminatory animus E. holding plaintiff failed to meet de minimis burden where he introduced only two isolated comments made by individuals who had no involvement in his termination

assistant: The best answer is A. holding isolated comment by senior official evidencing managerial policy coupled with discriminatory comments by individuals in high positions might reflect a cumulative managerial attitude among the employers managers that has influenced the decisionmaking process for a considerable time
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: Neither party hereto may assign his or its rights or delegate his or its duties under this Agreement without the prior written consent of the other party; provided, however, that: (i) this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Employer upon any sale of all or substantially all of Employer's assets, or upon any merger, consolidation or reorganization of Bank with or into any other corporation, all as though such successors and assigns of the Bank and their respective successors and assigns were the Bank; and (ii) this Agreement shall inure to the benefit of and be binding upon the heirs, assigns or designees of Executive to the extent of any payments due to them hereunder. As used in this Agreement, the term "Bank" or “Employer” shall be deemed to refer to any such successor or assign of the Bank or Employer referred to in the preceding sentence.

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 case excerpt and choose the best holding from the options. Case excerpt: The estate of David L. Welsh (“Welsh”) appeals from the district court’s grant of summary judgment in favor of Metropolitan Life Insurance Company, et al. (“MetLife”), which administers an employee benefit plan governed by ERISA. We review for abuse of discretion MetLife’s denial of Welsh’s claim for long term disability benefits, see Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955, 967-69 (9th Cir.2006) (en banc) (<HOLDING>), and the district court’s denial of a portion Options: A. holding that plan administrator of an erisa health plan did not have to anticipate the confusion of a plan participant B. holding that because no plan document granted discretion to the plan administrator and because the fiduciaries had not expressly delegated their discretionary authority to the plan administrator the district court properly employed the de novo standard of review C. holding that similar language conferred discretion on the plan administrator D. holding that the appropriate standard of review is abuse of discretion E. holding abuse of discretion review is appropriate when erisa plan grants discretion to the plan administrator

assistant: The best answer is E. holding abuse of discretion review is appropriate when erisa plan grants discretion to the plan administrator
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 any certificate attached hereto or delivered in accordance with the terms hereof by or on behalf of TPHX in connection with the transactions contemplated by this Agreement, when taken together, do not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements contained herein and/or therein not misleading.

assistant: Disclosures