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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: See, e.g., Hernandez v. Tallahassee Med. Ctr., Inc., 896 So.2d 839, 841 (Fla. 1st DCA 2005). As an initial matter, we note that, in their brief, appellants have made substantive arguments directed only to counts 11, 12, 14, 18, 19, 20, 27, 28, 33 and 34. Accordingly, they have abandoned or waived any challenge to dismissal of the remaining counts. See White v. White, 627 So.2d 1237, 1239 (Fla. 1st DCA 1993) (quoting from Polyglycoat Corp. v. Hirsch Distribs., Inc., 442 So.2d 958, 960 (Fla. 4th DCA 1983)). As to the counts appellants have addressed substantively, we conclude that the trial court correctly dismissed with prejudice counts 11, 19, 20, 27, 28, and 33 as barred by the economic loss doctrine. See, e.g., AFM Corp. v. S. Bell Tel. & Tel. Co., 515 So.2d 180, 181-82 (Fla.1987) (<HOLDING>); Indem. Ins. Co. of N. Am. v. Am. Aviation, Options: A. holding that without some conduct resulting in personal injury or property damage there can be no independent tort flowing from a contractual breach which would justify a tort claim solely for economic losses B. holding that a defamation claim is a personal injury tort claim C. holding that there must be a tort distinguishable from or independent of the breach of contract in order for a party to bring a valid claim in tort based on a breach in a contractual relationship D. holding that absent an independent tort a plaintiff alleging a breach of contract may only seek to recover the damages flowing from the breach E. holding that a negligence claim is not a personal injury tort claim

assistant: The best answer is A. holding that without some conduct resulting in personal injury or property damage there can be no independent tort flowing from a contractual breach which would justify a tort claim solely for economic losses
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: would provide a windfall to them at the expense of the members of the putative class, in that Von Glasenapp is the only named Plaintiff with standing to pursue certain claims. CONCLUSION For the reasons set forth above, the Court DENIES the motion for partial summary judgment (Docket No. 337). IT IS SO ORDERED. 1 . Both parties request that the Court take judicial notice of certain documents filed in the bankruptcy action. Because these filings are "not subject to reasonable dispute” and "capable of accurate and ready determination by resort to sources whose accuracy cannot be readily questioned,” the Court grants their requests and takes judicial notice of all filings in the docket of the bankruptcy case. See Reyn’s Pasta Bella, LLC v. Visa USA, Inc., 442 F.3d 741, 746 (9th Cir.2006) (<HOLDING>). 2 . While Movants suggest that, in Hamilton, Options: A. recognizing that a court may take judicial notice of a document filed in another court to establish the fact of such litigation and related filings B. recognizing that the court may take judicial notice of its own docket C. recognizing that a court is permitted to rely on documents incorporated into the complaint by reference and matters of which a court may take judicial notice D. recognizing that a court may rely on matters of which a court may take judicial notice E. recognizing that a court may take judicial notice of court filings and other matters of public record

assistant: The best answer is E. recognizing that a court may take judicial notice of court filings and other matters of public record
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 executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument. Delivery of an executed counterpart of this Agreement by facsimile or other electronic transmission (e.g. .pdf) shall be equally as effective as delivery of a manually executed counterpart of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement is the entire agreement between the Executive and the Company and its Affiliates regarding the subject matter hereof. By entering into this Agreement, the parties agree that any and all prior agreements or understandings with respect to the subject matter hereof are superseded (other than the promotion letter dated August 25, 2016 between the Company and the Executive).

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 Corporation shall pay the Executive an annual salary (the " Base Salary ") of $750,000, less applicable withholding and other deductions, payable in accordance with the Corporation's then current payroll practices. The Base Salary will be reviewed at least annually by the Board of Directors (and/or the Compensation Committee thereof) and may be increased, but not decreased, in its sole discretion, in which event any increased Base Salary shall be deemed the Base Salary under 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 legal provision and list the applicable contract clause categories. Provision: Each party will use reasonable best efforts to hold, and will use reasonable best efforts to direct its agents, consultants, contractors, advisors, and employees, to hold, in confidence all non-public records, books, contracts, instruments, computer data and other data and information (collectively, “Information”) concerning the other party furnished or made available to it by the other party or its representatives pursuant to this Agreement (except to the extent that such information can be shown to have been (a) previously known by such party on a non-confidential basis, (b) in the public domain through no fault of such party or (c) later lawfully acquired from other sources by the party to which it was furnished (and without violation of any other confidentiality obligation)); provided, however, that nothing herein shall prevent any party from disclosing any Information to the extent required by applicable laws or regulations or by any subpoena or similar legal process. Each party understands that the Information may contain commercially sensitive confidential information entitled to an exception from a Freedom of Information Act request.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Loan Parties will pay in full before delinquency or before the expiration of any extension period all material governmental assessments and federal, national, state or other material taxes imposed, levied, or assessed against it with respect to the period after the Filing Date, or any of its assets or in respect of any of its income, businesses, or franchises, except to the extent that (a) the validity of such governmental assessment or Tax is the subject of a Permitted Protest or (b) such Tax need not be paid pursuant to an order of the Bankruptcy Court or pursuant to the Bankruptcy Code.

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 case excerpt and choose the best holding from the options. Case excerpt: Co. v. Vienna, 744 P.2d 1175, 1177 (Alaska 1987) (''The purpose of a class action is to afford numerous individuals united in interest an efficient means to adjudicate claims.”). 18 . Op. at 50; see also id. at 53 ("Therefore, under the totality of the circumstances—particularly given the language of the arbitration provision and the unrelatedness of the two sets of litigation— we hold that Citibank did not waive its right to arbitrate Hudson’s UTPA attorney's fees claim and affirm this aspect of the superior court’s decision.” (emphasis added)). 19 . Johnson Assoc. Corp. v. HL Operating Corp., 680 F.3d 713, 717 (6th Cir. 2012) (quoting S &R Co. of Kingston v. Latona Trucking, Inc., 159 F.3d 80, 86 (2d Cir, 1998)); see also Gray Holdco, Inc. v. Cassady, 654 F.3d 444, 452 (3d Cir. 2011) (<HOLDING>); Republic Ins. Co. v. PAICO Receivables, LLC, Options: A. holding that the party demanding arbitration had waived its right to arbitrate by filing eight months earlier a complaint against the other party to the arbitration agreement B. holding that the party did not waive its right to enforce the arbitration clause C. recognizing that generally a nonparty to an arbitration agreement does not have standing to invoke the agreement but considering whether the nonparty could force arbitration because it was a third party beneficiary of the contract a successor in interest to the contracting party or an agent of the contracting party D. holding that the clause in the agreement allowing either party to seek injunctive relief until the arbitration award is rendered did not override the applicability of the analysis which examines whether a party by its participation in litigation has waived its right to invoke arbitration E. holding that in ruling on a motion to compel arbitration a court must consider 1 whether the parties have entered into a valid arbitration agreement 2 whether an arbitrable issue exists and 3 whether the right to arbitration has been waived

assistant: The best answer is D. holding that the clause in the agreement allowing either party to seek injunctive relief until the arbitration award is rendered did not override the applicability of the analysis which examines whether a party by its participation in litigation has waived its right to invoke 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: ( d ) the products and their content are otherwise provided on an `` as is '' basis and we make no representations or warranties of any kind with respect to them , including as to the accuracy , completeness or currency of the products or their content .

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: In count IV, Del Monte brings a claim for deceptive and unfair trade practices under Florida Statutes §§ 501.204 et seq. Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”) pro vides, “Unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.” Fla. Stat. § 501.204(1). A plaintiff seeking to recover under this statute has two potential remedies available. If the plaintiff is an individual consumer, he or she can assert a claim for damages. See Fla. Stat. § 501.211(2). If the plaintiff is a competitor of the defendant, it may seek declaratory relief. See Fla. Stat. § 501.211(1); see also Big Tomato v. Tasty Concepts, Inc., 972 F.Supp. 662, 663-64 (S.D.Fla.1997) (<HOLDING>). There is no question that, as a consumer, Del Options: A. holding that competitor could seek only injunction under fdutpa not damages B. holding that because punitive damages are nonpecuniary a plaintiff has standing to seek them under the general maritime law only if having standing to seek other nonpecuniary losses C. recognizing that fdutpa cases apply a benefit of the bargain damages formula D. holding that claims alleging negligent misrepresentation and failure to disclose seek economic damages not property damages within insureds policy E. holding that a plaintiff can seek statutory damages even in the absence of actual damages

assistant: The best answer is A. holding that competitor could seek only injunction under fdutpa not damages
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 amount of $55,196.70, and punitive damages in the amount of $110,393.40. Plaintiffs are further entitled to forfeiture damages against Defendant Fell in the amount of $40,177.00, and punitive damages in the amount of $40,177.00. Defendant Lee is jointly and severally liable for Belliard’s and Fell’s forfeiture damages. All of the remaining claims and counterclaims are dismissed with prejudice. The Clerk shall enter Judgment in accordance with this Opinion. 1 . "STRE” is intended to stand for "Strength” and "UTY” is intended to stand for "Unity.” 2 . This action was originally referred to this Court for general pretrial supervision and Reports and Recommendations on dispositive motions, pursuant to 28 U.S.C. § 636(b)(1)(A)-(C). 3 , 395 U.S. 653, 89 S.Ct. 1902, 23 L.Ed.2d 610 (1969) (<HOLDING>)). Likewise, courts that have applied the Options: A. holding that the contract doctrine of licensee estoppel was trumped by the federal policy embodied in the patent laws B. holding that an exclusive license granting the licensor a reversionary interest in the patent in the event of the licensees bankruptcy was a grant of all substantial rights such that the licensee could sue for patent infringement C. holding that 1338a jurisdiction inures when a complaint establishes that federal patent law creates the cause of action or that the plaintiffs right to relief necessarily depends on resolution of a substantial question of federal patent law in that patent law is a necessary element of one of the wellpleaded claims D. holding patent policy incorporated by reference into patent agreement E. holding action did not arise under the patent laws

assistant: The best answer is A. holding that the contract doctrine of licensee estoppel was trumped by the federal policy embodied in the patent 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: Mr. Warren incurred attorney fees that were legitimate and reasonable during the pendency of his underlying appeal, he is entitled to reimbursement of those fees and may properly recover them through a pro se EAJA application. See Phillips, supra. The Secretary also urges this Court to deny the EAJA application because, although it contains an itemized statement of hours Mr. Stanley expended, it is not “certified by any attorney of record.” Secretary’s Response to Warren EAJA App. at 5. The EAJA statute, however, contains no such certification requirement. See 28 U.S.C. § 2412(d)(1)(B) (requiring “an itemized statement from any attorney ... stating the actual time expended and the rate at which fees and other expenses were computed”); but see Shaw v. Gober, 10 Vet.App. 498, 500 (1997) (<HOLDING>), overruled by Carpenter v. Principi, 15 Options: A. holding that the eaja application satisfied the eaja content requirements because it contained among other things an itemized statement of the fees sought supported by an affidavit from the appellants counsel B. holding that a cause of action based on eaja will be deemed to have survived the death of the aggrieved party and the personal representative of the deceased partys estate or any other appropriate person may be substituted as the prevailing party to whom payment of an eaja award may be made C. holding that the buckhannon rule governs an application for fees under the eaja D. holding that the prosecution of an equitable adjustment claim before a contracting officer was not a civil action within the meaning of the eaja E. holding that payment of eaja fees directly to the attorney also is consistent with the broad purpose for enacting the eaja if the commissioners narrow position was adopted there would be a substantial risk that counsel for a successful plaintiff might not be paid which would have a chilling effect on the willingness of attorneys to represent indigent claimants in social security cases thus thwarting the primary purpose the eaja was enacted

assistant: The best answer is A. holding that the eaja application satisfied the eaja content requirements because it contained among other things an itemized statement of the fees sought supported by an affidavit from the appellants counsel
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 will bind and inure to the benefit of the Company and its subsidiaries and their successors and assigns. Subject to the limitation on assignment set forth in Section 17(e), this Agreement will bind and inure to the benefit of Executive and Executive’s heirs, legal representatives, successors and assigns.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party shall designate an authorized representative for receipt of any notice or requests provided for or permitted under this Agreement (“ Authorized Representative ”). Any notice or request provided for or permitted under this Agreement shall be in writing and shall be delivered in person or by facsimile, registered or certified mail return receipt requested, express delivery service or other nationally recognized overnight delivery service to the Authorized Representative of the other Party. Notice shall be considered given when received by the Authorized Representative at the address designated below. Either Party, by notice to the other, may change its Authorized Representative and/or address for receiving such notices.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was put to a different use than is that of the Investigators before us. Namely, the information in Bratt was used by courts to determine defendants’ sentences, while the information in the present case is used by GEICO to assist the Claims Adjusters in the processing of insurance claims. Nothing in the regulations demonstrates that this distinction would be dis-positive, however. As we have stated, the regulations’ focus is on “the nature of the work, not its ultimate consequence,” Desmond I, 564 F.3d at 692, and the nature of the Investigators’ primary duty was not different in any significant way from that of the probation officers. In neither case did the employees’ actual work duties relate to business policy or overall operational management. Compare Shockley, 997 F.2d at 28 (<HOLDING>),’ and West v. Anne Arundel Cnty., 137 F.3d Options: A. holding that because ethics and standards lieutenant spent all her time accumulating and analyzing data and making recommendations that shaped the police departments policy with regard to internal discipline her work was directly related to management policies B. holding that allegations that employees supervisors yelled at her told her she was a poor manager and gave her poor evaluations chastised her in front of customers and once required her to work with an injured back were insufficient to state title vii claim C. holding that police were justified in arresting person on basis of information provided directly to police by named citizen informer reliance on the information was justified in part because the informant by giving her name presumably knew that the police could arrest her for making a false report D. holding that plaintiffs allegations that her supervisor was a lesbian and that she made improper remarks to her including telling the plaintiff to invite her to lunch and making comments about plaintiffs coworkers private lives and sexual preferences and on one occasion approaching the plaintiff from behind hugging her and whispering in her ear a request for a cookie from another table did not suffice to establish a hostile working environment E. holding that the claimant committed willful misconduct when she did not return to work at the end of her leave and did not comply with her employers notification policy

assistant: The best answer is A. holding that because ethics and standards lieutenant spent all her time accumulating and analyzing data and making recommendations that shaped the police departments policy with regard to internal discipline her work was directly related to management policies
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 execution, delivery and performance by Purchaser of this Agreement and the Investor Rights Agreement and the consummation by Purchaser of the transactions contemplated hereby and thereby will not (i) result in a violation of the organizational documents of Purchaser, (ii) conflict with, or constitute a default (or an event which with notice or lapse of time or both would become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation of, any material agreement, indenture or instrument to which Purchaser is a party, or (iii) result in a violation of any law, rule, regulation, order, judgment or decree (including federal and state securities laws) applicable to Purchaser, except in the case of clauses (ii) and (iii) above, for such conflicts, defaults, rights or violations that would not, individually or in the aggregate, reasonably be expected to have a material adverse effect on the ability of Purchaser to perform its obligations hereunder.

assistant: No Conflicts
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: conduct allegedly undertaken by King, and it was reasonably foreseeable that an adverse action would be taken against King as a result of her Memo. That Harry read Wells’s Memo and continued with the request for a transfer does not mean stronger action was not reasonably foreseeable. The dissent commits a second error by focusing on the motive of Harry, the initial recipient of Wells’s Memo, as breaking the causal chain. The dissent finds it absolutely crucial that King concedes that Harry had no retaliatory intent, but cites no case or law for the proposition that the causal chain is broken when a retaliator uses ignorant third parties to effectuate the retaliation. Indeed, as we discussed above in Section III.B., supra, the law is precisely the opposite. See Powers, 501 F.3d at 609 (<HOLDING>); Paige, 614 F.3d at 281-82 (holding proximate Options: A. holding that a third party has authority to consent to a search if the third party is a coinhabitant B. holding that a physicians negligence need only be a proximate cause not the proximate cause of plaintiffs injury C. holding proximate causation still exists even if an intervening third party is the immediate trigger for the plaintiffs injury D. holding that discovery requests directed at nonimmune party did not infringe on the sovereign immunity of a third party even if the third party retained a colorable claim of immunity E. holding that negligence must be the proximate cause of injury

assistant: The best answer is C. holding proximate causation still exists even if an intervening third party is the immediate trigger for the plaintiffs injury
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 consideration of and in connection with the benefits provided to the Executive under this Agreement, the Executive hereby agrees that the Executive will not, during the Executive’s employment or at any time thereafter directly or indirectly disclose or make available to any person, firm, corporation, association or other entity for any reason or purpose whatsoever, any Confidential Information (as defined below). The Executive agrees that, upon termination of his employment with the Company and its affiliates, all Confidential Information in his possession that is in written or other tangible form (together with all copies or duplicates thereof, including computer files) shall be returned to the Company and its affiliates and shall not be retained by the Executive or furnished to any third party, in any form except as provided herein; provided, however, that the Executive shall not be obligated to treat as confidential, or return to the Company and its affiliates copies of any Confidential Information that (i) was publicly known at the time of disclosure to the Executive, (ii) becomes publicly known or available thereafter other than by any means in violation of this Agreement or any other duty owed to the Company or any of its affiliates by the Executive, or (iii) is lawfully disclosed to the Executive by a third party. As used in this Agreement the term “Confidential Information” means information disclosed to the Executive or known by the Executive as a consequence of or through his relationship with the Company or any of its affiliates, about the owners, tenants, employees, consultants, vendors, business methods, public relations methods, organization, procedures, property acquisition and development, or finances, including, without limitation, information of or relating to owner or tenant lists of the Company and its affiliates.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: understood to mean "incapable of living outside the womb because of immaturity.” Id. 567 A.2d at 1096. The intermediate appellate court, recognizing that recovery lay in Pennsylvania under its survival statute for a viable fetus even though stillborn, determined that in the absence of any case law supplying a principle that could justify an extension of the statute to encompass non-viable fetuses, it was "up to the legislature to create the cause of action.” Id. at 1098. 10 . Chief Justice Rehnquist delivered the opinion of the Court in Webster as to parts I, II-A, II-B, and II-C. As to parts II-D and III, which contained the above quoted language, the Chief Justice wrote an opinion in which Justices White and Kennedy joined. See also Casey, supra, 112 S.Ct. at 2811 (majority opinion) (<HOLDING>). 11 . We are not unmindful of the Options: A. recognizing onset of viability at twentythree to twentyfour weeks B. holding that district court did not abuse its discretion in denying a motion to withdraw guilty plea filed three weeks after entering the plea C. holding evidence of six sexually derogatory statements over twentythree months some repeated frequently sufficient to support a finding of pervasive harassment D. holding that a motion to intervene filed ten weeks after the commencement of the action was timely E. recognizing the late date of a motion to withdraw filed three weeks before trial

assistant: The best answer is A. recognizing onset of viability at twentythree to twentyfour weeks
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 to notify the Undersigned that this Agreement does not apply to an INVENTION for which no equipment, supplies, facility, trade secret or CONFIDENTIAL INFORMATION of the Company was used and which was developed entirely on the Undersigned’s own time, and (1) which does not relate (a) directly to the business of the Company or (b) to the Company’s actual or demonstrably anticipated research or development, or (2) which does not result from any work performed by the Undersigned for the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: though he was sentenced more than five years before it was decided because his case was "not yet final" when Blakely was decided. Additionally, Smylie holds that defendants sentenced before Blakely was handed down, but whose appeals were "on direct review" on that date, may raise a Sixth Amendment challenge to their sentences for the first time on appeal. Smylie, 823 N.E.2d at 690-91. Turning to the merits of Sullivan's arguments, we observe that his prior conviction for one count of trespassing, although exempt from Blakely's jury-finding requirement, clearly is insufficient by itself to sustain a maximum sentence for class A felony child molesting and, indeed, may not qualify as a significant aggravating cireumstance at all. See, e.g., Cotto v. State, 829 N.E2d 520, 526 (Ind.2005) (<HOLDING>). There also appears to be no Options: A. holding that criminal history consisting of five misdemeanor convictions was at best marginally significant in determining sentence for class a felony B. holding that an aggravated misdemeanor conviction under section 7191 is a felony for purposes of assessing criminal history points under ussg 4a12c C. recognizing that felony and misdemeanor dwi are separate offenses because a prior conviction is an essential element of felony driving while intoxicated but it is not an element of the misdemeanor offense D. holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category E. holding that trial judge properly considered defendants misdemeanor convictions

assistant: The best answer is A. holding that criminal history consisting of five misdemeanor convictions was at best marginally significant in determining sentence for class a felony
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: There is no material action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company, or any of its properties before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “ Action ”), including any one that (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the Securities or (ii) could, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect. Neither the Company, 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 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 legal provision and list the applicable contract clause categories. Provision: Each notice relating to the NQO Award and this Agreement shall be in writing and delivered in person, by recognized overnight courier or by certified mail to the proper address. All notices to the Corporation or the Committee shall be addressed to them at 405 114th Avenue, SE, Third Floor, Bellevue, WA 98004 Attn: General Counsel. All notices to the Optionee shall be addressed to the Optionee or such other person or persons at the Optionee’s address set forth in the Corporation’s records. Anyone to whom a notice may be given under this Agreement may designate a new address by notice to that effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: & Families Dep’t v. Christopher B., 2014-NMCA-016, ¶ 7, 316 P.3d 918 (“[I]n order to show a denial of due process, we do require the [claimant] to ‘demonstrate that there is a reasonable likelihood that the outcome might have been different}]’ had the denied procedure been afforded.” (Third alternation and emphasis in original) (internal quotation marks and citation omitted)). {30} Garduño relies on Waters-Haskins v. Human Services Department, Income Support Division to argue that DWS’s late notice of the pending appeal amounted to “a false representation or concealment of material facts,” which implied “‘representations that are contrary to the essential facts to be relied on, even when made innocently or by mistake’.” 2009-NMSC-031, ¶ 24, 146 N.M. 391, 210 P.3d 817 (citation omitted) (<HOLDING>). In that case, this Court applied a theory of Options: A. holding that state agencys voluntary reinstatement of benefits after agency had previously announced that recipients no longer met the eligibility requirements for those benefits did not moot suit challenging the termination of the benefits when agency remained free to reassess the recipients needs and cancel their benefits at any time B. holding that the consideration of the fact that claimant collected unemployment benefits while he was allegedly disabled was not a ground for reversal where there was other medical and vocational evidence supporting denial of benefits and claimants receipt of unemployment benefits was not decisive factor in denial of benefits C. holding that a claimants failure to list an impairment either in her application for disability benefits or through her testimony disposes of the claim because the alj was under no obligation to investigate a claim not presented at the time of the application for benefits and not offered at the hearing as a basis for disability D. holding that the government cannot be forced to pay monetary benefits to an applicant who is statutorily ineligible for the benefits even if the applicant became ineligible due to reliance on the misadvice of a federal employee E. holding that because the agency clearly knew of claimants ineligible status but continued to pay her food stamp benefits for eight years while the claimant had no way of knowing she was ineligible the agency was estopped from later attempting to recoup the paid benefits

assistant: The best answer is E. holding that because the agency clearly knew of claimants ineligible status but continued to pay her food stamp benefits for eight years while the claimant had no way of knowing she was ineligible the agency was estopped from later attempting to recoup the paid benefits
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 execution, delivery and performance by Borrower of the Financing Documents (a) are within its powers, (b) have been duly authorized by all necessary action pursuant to its Organizational Documents, which included obtaining all additional authorizations and taking all additional actions required by Borrower's Organizational Documents due to certain of the Lenders being Affiliates of a director of Borrower, (c) require no further action by or in respect of, or filing with, any Governmental Authority and (d) do not violate, conflict with or cause a breach or a default under (i) any Law applicable to Borrower or any of the Organizational Documents of Borrower, or (ii) any agreement or instrument binding upon it, except for such violations, conflicts, breaches or defaults as could not, with respect to this clause (ii), individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

assistant: Organizations
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 arbitration will be conducted by the american arbitration association ( `` aaa '' ) under its rules and procedures , including the aaa 's consumer arbitration rules ( as applicable ) , as modified by this agreement to arbitrate .

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 Parent and the Borrowers will not request any Loan or Letter of Credit, and the Borrowers shall not use, and shall procure that their Subsidiaries and their respective directors, officers, employees and agents shall not use, the proceeds of any Loan or Letter of Credit (A) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws, (B) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, or (C) in any manner that would result in the violation of any Sanctions applicable to any party hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions described herein, during the Plan Support Period, each Party, severally and not jointly, hereby covenants and agrees to reasonably cooperate with each other in good faith in connection with the negotiation, drafting, execution, and delivery of the Definitive Documents. Furthermore, subject to the terms and conditions hereof, each of the Parties shall take such action as may be reasonably necessary or reasonably requested by the other Parties to carry out the purposes and intent of this Agreement, including making and filing any required regulatory filings ( provided , however , that no Consenting Lender shall be required to incur any out of pocket cost or expense, or any liability in connection therewith).

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: Any notices required or permitted to be given under this Agreement shall be delivered by hand, mailed by certified or registered mail, return receipt requested, in a postage prepaid envelope, or delivered by a nationally recognized overnight delivery service, and addressed as described below; notices shall be deemed effective only upon receipt or refusal of delivery. Notices may also be given by facsimile effective as of the date of receipt (or, if not a business day, the first business day thereafter).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Executive believes that severance benefits are not being paid as this Agreement provides, he or she must file a claim with the Company’s Senior Vice President, Human Resources. The parties shall attempt to resolve the matter during the 30-day period beginning on the date such claim is filed. Only after the 30-day period has expired may an action in court be filed. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, without regard to principles of conflicts of law.

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: assert a statutory claim in place of the actual statutory beneficiary under the Texas Construction Trust Fund Act. The Texas Construction Trust Fund Act “subjects litigants to civil liability if (1) they breach the duty imposed by the Act, and (2) the requisite plaintiffs are within the class of people the Act was designed to protect and have asserted the type of injury the Act was intended to prohibit.” Lively v. Carpet Services, Inc., 904 S.W.2d 868, 873 (Tex.App.Hous. [1 Dist.] 1995, writ denied). Where a Texas statute requires a plaintiff to have particular characteristics to obtain the benefit of a protected status, an assignment of the protected status is ineffective. See e.g. PPG Industries, Inc. v. JMB/Houston Centers Partners Ltd. Partnership, 146 S.W.3d 79 (Tex.2004) (<HOLDING>) In Dewayne Rogers Logging, Inc. v. Propac Options: A. holding that both punitive and treble damages were recoverable under the texas deceptive trade practices act because each of the plaintiffs claims resulted from a distinct act however because the plaintiff suffered only one compensable injury she could only be awarded one recovery for actual compensatory damages B. holding consumer claims under the texas deceptive trade practices act nonassignable C. holding that statutory damages were appropriate for each discrete violation of that states deceptive trade practices act D. holding that the airline deregulation act preempts claims under the illinois consumer fraud and deceptive business practices act but does not preempt state breach of contract actions E. holding unfair trade practices and consumer protection law applicable to residential leases

assistant: The best answer is B. holding consumer claims under the texas deceptive trade practices act nonassignable
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: misapprehension, particularly when it knew that WSI sought dismissal of all Weaver Cooke’s claims. By remaining si lent, Weaver Cooke implicitly agreed WSI’s expansion joint work was not an issue and waived any argument to the contrary. See Resolution Trust Corp. v. Dunmar Corp., 43 F.3d 587, 599 (11th Cir. 1995) (recognizing that “grounds alleged in the complaint but not relied upon in summary judgment are deemed abandoned” and holding that where summary judgment movant asserted that non-movant’s claims were based on oral agreements and in response non-movant did not suggest to the contrary, non-movant could not later argue on appeal a different basis for the claims); Alston v. Equifax Info. Servs., LLC, Civil Action No. TDC-13-1230, 2016 WL 5231708, at *9 (D. Md. Sept. 21, 2016) (<HOLDING>); Njema v. Wells Fargo Bank, N.A., 124 Options: A. holding that the plaintiffs evidence of pretext which included but was not limited to her supervisors statement that she had enough of the plaintiff going to her supervisor about her was not sufficient to preclude summary judgment B. holding that a plaintiff who pled in her complaint that her law firm actively misled her in support of her request for application of the discovery rule had sufficiently pled the application of the doctrine C. holding that summary judgment was appropriate where plaintiffs admissions in her deposition undermined her claims D. holding that specific statutory provisions take priority over general statutory provisions E. holding that in connection with crossmotions for summary judgment the substance of the plaintiffs motion and her silence in response to the defendants characterization of her claims as being based on violations of specified statutory provisions established abandonment of claims based on other statutory provisions set forth in her complaint

assistant: The best answer is E. holding that in connection with crossmotions for summary judgment the substance of the plaintiffs motion and her silence in response to the defendants characterization of her claims as being based on violations of specified statutory provisions established abandonment of claims based on other statutory provisions set forth in her complaint
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: human remains as “Native American” if the remains are “of, or relating to, a tribe, people, or culture that is indigenous to the United States.” 25 U.S.C. § 3001(9). The text of the relevant statutory clause is written in the present tense (“of, or relating to, a tribe, people, or culture that is indigenous”). Thus the statute unambiguously requires that human remains bear some relationship to a presently existing tribe, people, or culture to be considered Native American. It is axiomatic that, in construing a statute, courts generally give words not defined in a statute their “ordinary or natural meaning.” United States v. Alvarez-Sanchez, 511 U.S. 350, 357, 114 S.Ct. 1599, 128 L.Ed.2d 319 (1994); see also Williams v. Taylor, 529 U.S. 420, 431, 120 S.Ct. 1479, 146 L.Ed.2d 435 (2000) (<HOLDING>) (internal quotation marks omitted). In the Options: A. holding that statutory words must be given their ordinary contemporary meaning B. recognizing that undefined words in a statute ordinarily should be interpreted as taking their ordinary contemporary common meaning C. holding that we must give the words in statutes their plain and ordinary meaning D. holding that unless otherwise defined words will be interpreted as taking their ordinary contemporary common meaning at the time congress enacted a statute and reviewing dictionaries from the era of the statutes enactment to assist in determining its meaning citation omitted E. holding that courts give the words of a statute their ordinary contemporary common meaning absent an indication congress intended them to bear some different import

assistant: The best answer is E. holding that courts give the words of a statute their ordinary contemporary common meaning absent an indication congress intended them to bear some different import