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: As Central States points out, the court noted there that “had the parties intended to bind [the employer] to [the trust agreement’s] terms, they could easily have done so by having [the employer] sign the Agreement or by referencing it in the collective bargaining agreements.” Id. at 40. Here, of course, the trust agreement was specifically referenced. Thus, we find that Hi-Way is bound by the terms of the trust agreement. It is well established that parties can agree to an interest rate other than the standard one contained in 28 U.S.C. § 1961. See Hymel v. UNC, Inc., 994 F.2d 260, 265 (5th Cir.1993) (quoting In re Lift Equipment Service, Inc., 816 F.2d 1013, 1018 (5th Cir.1987)); see also Ocasek v. Manville Corp. Asbestos Disease Compensation Fund, 956 F.2d 152, 154 (7th Cir.1992) (<HOLDING>). We find that Hi-Way has made such an Options: A. holding that bankruptcy plan of reorganization rather than 1961 controlled the setting of the interest rate B. holding that postconfirmation income that is not necessary to the fulfillment of the plan of reorganization does not become pari of bankruptcy estate C. holding that state property tax liens are not entitled to the states statutory interest rate as a matter of law rather the appropriate rate of interest is determined by the equities of each case D. holding that remedies provided in the bankruptcy code for enforcing a chapter 11 plan of reorganization are not exclusive E. holding that postconfirmation income that is not necessary to the fulfillment of the plan of reorganization does not become part of the bankruptcy estate

assistant: The best answer is A. holding that bankruptcy plan of reorganization rather than 1961 controlled the setting of the interest rate
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: 616.615 as NRS 616C.505 in 1995. 2 Over the last century, most revisions to NRS 616C.505 involved increases in the allowed amount of payment to dependents. See 1949 Nev. Stat., ch. 323, § 59, at 662-65; 1973 Nev. Stat., ch. 389, § 6, at 533-35. In 1991, the Legislature ceased using the terms “widow” and “widower” and replaced them with the term “surviving spouse.” See 1991 Nev. Stat., ch. 307, § 2, at 804-05. 3 NRS 616C.070(1) provides that natural, posthumous or adopted children are conclusively presumed to be totally dependent on the deceased employee for purposes of receiving compensation if there is no surviving spouse. 4 See, e.g., NRS 6160.505(13) (defining surviving spouse), NRS 616C.070 (defining those conclusively presumed dependent upon deceased employee), and NRS Chapter 134 (<HOLDING>). 5 See Hearing on S.B. 316 Before the Senate Options: A. recognizing the relationships between a decedent and his or her parents and siblings B. holding academic records of siblings admissible based on expert affidavit stating that a possible connection existed between the neurological problems of the plaintiff and those of her siblings which would support a defense that the injuries sustained by the plaintiff have a genetic cause C. recognizing emotional bond between foster parents and child although ultimately determining foster parents did not have rights of parents in dependency action under chapter 2644 rcw D. recognizing that postadoption visitation limited to when adoptive parents are grandparents siblings or foster parents E. holding that a parents right to the care custody companionship and management of his or her child is a fundamental right protected by the federal and state constitutions

assistant: The best answer is A. recognizing the relationships between a decedent and his or her parents and siblings
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: any arbitration between you and spotify will be finally settled under the rules of arbitration of the international chamber of commerce ( the `` icc '' ) then in force ( the `` icc rules '' ) by one or more arbitrators appointed in accordance with the icc rules , as modified by these agreements , and will be administered by the international court of arbitration of the icc .

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: and subsequent cases presenting similar remedy issues, the Supreme Court has not dictated a remedy from among the McKesson alternatives, but has instead remanded to the state courts to determine the appropriate remedy. E.g., McKesson, 496 U.S. at 51, 110 S.Ct. 2238; Fulton Corp., 516 U.S. at 347, 116 S.Ct. 848. Some state courts confronted with cases in which the McKesson remedial alternatives are available have left the selection of a remedy from among those alternatives to the taxing authority. See, e.g., PPG Industries, Inc. v. Com., Bd. of Fin. and Revenue, 567 Pa. 580, 790 A.2d 261, 270 (2001) (explaining McKesson alternatives and directing Commonwealth to provide a retrospective remedy consistent with opinion); Fulton Corp. v. Faulkner, 345 N.C. 419, 481 S.E.2d 8, 11 (1997) (<HOLDING>); Matter of Hawaiian Flour Mills, Inc., 76 Options: A. holding that property tax was a state tax and was thus disproportionate unreasonable and unfair because of discrepancies in tax rates of up to 400 between school districts B. holding that state legislature should determine whether to cure discriminatory tax by enforcing tax as to all or forgiving tax in its entirety C. holding that the granting or denial of an urban renewal tax exemption is reviewable by tax appeal D. holding refund of discriminatory tax required because predeprivation remedy not clearly available for tax years at issue E. holding that the tax was indirect even though the recipient could not shift the tax to others

assistant: The best answer is B. holding that state legislature should determine whether to cure discriminatory tax by enforcing tax as to all or forgiving tax in its entirety
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 issuance of this Option (and the Shares upon exercise of this Option) pursuant to this Agreement shall be subject to, and shall comply with, any applicable requirements of any foreign and U.S. federal and state securities laws, rules and regulations (including, without limitation, the provisions of the Securities Act of 1933, as amended, the 1934 Act and in each case any respective rules and regulations promulgated thereunder) and any other law or regulation applicable thereto. The Company shall not be obligated to issue this Option or any of the Shares pursuant to this Agreement if any such issuance would violate any such requirements.

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: Unless terminated pursuant to Section 6 hereof, the term of Employee’s employment hereunder shall begin on July 20, 2016 (the “Effective Date”) and end on January 20, 2021 (the “Employment Term”).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: willingness to plead guilty and the results of his polygraph exam conducted by a Missouri State Highway Patrol officer. Hall contends this character evidence showed he was willing to accept responsibility. “[T]he Eighth and Fourteenth Amendments require that the sentencer, in all but the rarest kind of capital case, not be precluded from considering, as a mitigating factor, any aspect of a defendant’s character ... the defendant proffers as a basis for a sentence less than death.” Lockett v. Ohio, 438 U.S. 586, 604, 98 S.Ct. 2954, 57 L.Ed.2d 973 (1978). In certain cases, the need and reliability of the evidence mandates the evidence be admitted in the punishment phase, notwithstanding an exclusionary rule. See Green v. Georgia, 442 U.S. 95, 97, 99 S.Ct. 2150, 60 L.Ed.2d 738 (1979) (<HOLDING>). Even if Lockett and Green mandated that the Options: A. holding exculpatory statements by a third party should have been admitted in the punishment phase notwithstanding the hearsay rule B. holding that the rejection of the exculpatory hearsay testimony of a government witness was in error particularly in view that accusatory hearsay was admitted C. recognizing that the united states constitution may require courts to admit exculpatory hearsay statements that do not fall within any recognized hearsay exception D. holding that as a general rule a defendant cannot create exculpatory evidence by introducing selfserving hearsay statements made by the defendant to another E. holding that the hearsay rule is not suspended in the sentencing phase

assistant: The best answer is A. holding exculpatory statements by a third party should have been admitted in the punishment phase notwithstanding the hearsay rule
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 Grantee hereby agrees to deliver to the Company the full Exercise Price for the Shares in accordance with Section 3 of the Option Agreement or to make arrangements acceptable to the Company to satisfy such obligations prior to the date of exercise.

assistant: Payments
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 Participant understands that the exercise of the Options under the Plan and the issuance, transfer, assignment, sale, or other dealings of the Shares shall be subject to compliance by the Company, any of its Subsidiaries or any other entity which is a Related Entity and the Participant with all applicable requirements under the laws, rules, and regulations of the country of which the Participant is a resident and/or employed. Furthermore, the Participant agrees that he or she will not acquire Shares pursuant to the Plan except in compliance with Local Law.

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: Notices hereunder must be in writing and either personally delivered or sent by registered or certified United States mail, return receipt requested, postage prepaid. Notices to the Company must be addressed to Micron Technology, Inc., 8000 South Federal Way, Boise, Idaho 83706-9632; Attn: Corporate Secretary, or any other address designated by the Company in a written notice to Grantee. Notices to Grantee will be directed to the address of Grantee then currently on file with the Company, or at any other address given by Grantee in a written notice to 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 legal provision and list the applicable contract clause categories. Provision: Except as set forth in Section 4.6 of the Sellers Disclosure Letter, as of the date hereof and, except as will not have had or would not be reasonably expected to have, individually or in the aggregate a Material Adverse Effect, (i) there is no action, suit, proceeding (including trademark office oppositions or domain name disputes) at law or in equity, or arbitration by, before or against any Governmental Entity or any other Person pending in respect of the Business, the Purchased Assets, the JV Assets or the Assumed Liabilities and (ii) no Seller is subject to any Order in respect of the Business.

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: During the Term, the Executive shall be employed by the Company as Executive Vice President of Finance and Strategy of the Company, and, as such, the Executive shall faithfully perform for the Company the duties of such office and shall perform such other duties of an executive, managerial or administrative nature, which are consistent with such office, as shall be specified and designated from time to time by the Board of Directors of the Company (the “Board”), including also serving as an officer, manager, agent, trustee or other representative with respect to any subsidiary, affiliate or joint venture of the Company (each a “Subsidiary”). If requested by the Board, Executive shall serve as a member of the board of directors (or equivalent) of the Company or any Subsidiary without additional compensation. The Executive shall devote substantially all of his business time and effort to the performance of his duties hereunder. Notwithstanding the foregoing, nothing herein shall prohibit Executive from (i) engaging in personal investment activities for the Executive and his family that do not give rise to any conflict of interests with the Company or its affiliates, (ii) subject to prior approval of the Board, accepting directorships unrelated to the Company that do not give rise to any conflict of interests with the Company or its affiliates and (iii) engaging in charitable and civic activities, so long as such activities and outside interests described in clauses (i), (ii) and (iii) hereof do not interfere, in any material respect, with the performance of the Executive’s duties hereunder. The Executive shall be based in the Atlanta, Georgia metropolitan area.

assistant: Duties
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: a disruption of the State’s efforts to protect interests which it deems important.” O’Neil v. City of Philadelphia, 32 F.3d 785, 791 (3d Cir.1994) (quoting Huffman, 420 U.S. at 608, 95 S.Ct. 1200). Fedei*al intervention with Laurel’s claim would not only cast aspersions on the MDE process of determining liability but would also annul the results of MDE’s determination that Laurel is in fact liable for the Thomas well failure. Although Laurel purports to fall within an exception to Younger by seeking wholly prospective relief—a declaration that the Dewatering Act as applied violates constitutional requirements and an injunction against future application of the Dewatering Act— this claim is without merit. See Wooley v. Maynard, 430 U.S. 705, 711, 97 S.Ct. 1428, 51 L.Ed.2d 752 (1977) (<HOLDING>). Laurel seeks attorney fees incurred in this Options: A. holding before huffman was decided that younger abstention was inapplicable to an eminent domain proceeding B. holding that younger abstention is jurisdictional C. holding that younger abstention was appropriate while the case works its way through the state appellate process D. holding that because the federal plaintiffs claims were essentially derivative of the state defendants younger abstention applied E. holding younger abstention inapplicable where the suit is in no way designed to annul the results of a state trial and the relief sought is wholly prospective

assistant: The best answer is E. holding younger abstention inapplicable where the suit is in no way designed to annul the results of a state trial and the relief sought is wholly prospective
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: Schedule 4.1 is, as of the Agreement Date, a complete and correct listing of all Borrowing Base Properties owned by Borrower. Each Borrower has good, marketable and legal title to its respective assets. None of the Collateral is subject to any Lien other than Permitted Liens. Each Property included in the calculation of the Borrowing Base satisfies all requirements under the Loan Documents for being an Eligible Property.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of this Agreement and the other Transaction Documents by the Company and the consummation by the Company of the transactions contemplated hereby and thereby, including, without limitation, the issuance of the Put Shares, Commitment Shares, and the Underlying Shares, do not and will not: (a) result in a violation of the Company’s or any Subsidiary’s certificate or articles of incorporation, by-laws or other organizational or charter documents, (b) conflict with, or constitute a material default (or an event that with notice or lapse of time or both would become a material default) under, result in the creation of any Lien upon any of the properties or assets of the Company or any Subsidiary, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, indenture, instrument or any “lock-up” or similar provision of any underwriting or similar agreement to which the Company or any Subsidiary is a party, or (c) result in a violation of any federal, state or local law, rule, regulation, order, judgment or decree (including federal and state securities laws and regulations) applicable to the Company or any Subsidiary or by which any property or asset of the Company or any Subsidiary is bound or affected (except for such conflicts, defaults, terminations, amendments, accelerations, cancellations and violations as would not, individually or in the aggregate, have a Material Adverse Effect) nor is the Company otherwise in violation of, conflict with or in default under any of the foregoing. The business of the Company is not being conducted in violation of any law, ordinance or regulation of any governmental entity, except for possible violations that either singly or in the aggregate do not and will not have a Material Adverse Effect. The Company is not required under federal, state or local law, rule or regulation to obtain any consent, authorization or order of, or make any filing or registration with, any court or governmental agency in order for it to execute, deliver or perform any of its obligations under this Agreement or the other Transaction Documents (other than any SEC, FINRA or state securities filings that may be required to be made by the Company subsequent to any Closing or any registration statement that may be filed pursuant hereto); provided that, for purposes of the representation made in this sentence, the Company is assuming and relying upon the accuracy of the relevant representations and agreements of Investor herein.

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 legal provision and list the applicable contract clause categories. Provision: Notwithstanding the termination of this Agreement in accordance with its terms, the agreements and obligations of the Parties in Sections 10 , 11 , 14 , 16 , 20 , 22 , 23 and 24 shall survive such Transfer and/or termination and shall continue in full force and effect for the benefit of the Parties in accordance with the terms hereof.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to the maximum extent permitted by law , we ( together with our officers , directors , employees , representatives , affiliates , providers and third parties ) do not accept any liability for ( a ) any inaccuracies or omissions in the content displayed on or via the skyscanner services and/or skyscanner platforms ; or ( b ) any act of god , accident , delay or any special , exemplary , punitive , indirect , incidental or consequential loss or damage of any kind ( including , without limitation , lost profits or lost savings ) , whether based in contract , tort ( including negligence ) , strict liability or otherwise , incurred by you arising out of or in connection with your access to , use of , or inability to access or use , the skyscanner services and/or skyscanner platforms or any content contained provided therein .

assistant: Limitation of liability
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: Grantor has, and Grantor covenants to maintain, good and marketable title to the Property, free and clear of all liens, security interests, and encumbrances except those permitted by Section 8.03 of the Credit Agreement (“ Permitted Encumbrances ”). Grantor will defend title to the Property, subject as aforesaid, against the claims and demands of all persons claiming or to claim the same or any part thereof. The ownership by Grantor of the Mortgaged Properties does and will, with respect to each well or unit identified on Exhibit A , entitle Grantor to receive (subject to the terms and provisions of this Deed of Trust) a decimal or percentage share of the oil, gas and other hydrocarbons produced from, or allocated to, such well or unit equal to not less than the decimal or percentage share set forth, for such well or unit, in the column headed [“ NRI ”] on Exhibit A , and cause Grantor to be obligated to bear a decimal or percentage share of the cost of operation of such well or unit equal to not more than the decimal or percentage share set forth, for such well or unit, in the column headed [“ WI ”] on Exhibit A , except to the extent of any proportionate corresponding increase in net revenue interest. The above-described shares of production which Grantor is entitled to receive and shares of expenses which Grantor is obligated to bear are not and will not be subject to change (other than changes which arise pursuant to non-consent provisions of operating agreements described in Exhibit A in connection with operations hereafter proposed), except, and only to the extent that, such changes are reflected in Exhibit A . There is not and will not be any unexpired financing statement covering any part of the Property on file in any public office naming any party other than Agent as secured party except those covering Property permitted to be encumbered by Permitted Encumbrances pursuant to the Credit Agreement. Upon request by Agent, Grantor will deliver to Agent schedules of all internal and third party information identifying the Mortgaged Properties (such as, for example, lease names and numbers assigned by Grantor or the operator of any Mortgaged Property, well and/or unit and/or property names and numbers assigned by purchasers of Production, and internal identification names and numbers used by Grantor in accounting for revenues, costs, and joint interest transactions attributable to the Mortgaged Properties).

assistant: Titles
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 payments under this Agreement shall be subject to all applicable federal and state tax withholding including FICA, and any other requirements of law. Subject to the provisions of the applicable employee benefit plan, payments made under this Agreement are not considered to be eligible earnings for pension or 401(k) plan purposes.

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: 316 (5th Cir.1991), quoting E. Jhirad, A. Sann, B. Chase & M. Chynsky, Benedict on Admiralty § 182 (1988). “When interpreting maritime contracts, federal admiralty law rather than state law applies.” International Marine, LLC v. Delta Towing, LLC, 704 F.3d 350, 354 (5th Cir.2013), citing Har-Win, Inc. v. Consol. Grain & Barge Co., 794 F.2d 985, 987 (5th Cir.1986) (collecting citations). In addition to the choice of law provision, the MSC • and Work Releases deal with the chartering of vessels and equipment from Defendants, their use on those vessels in the Gulf of Mexico to clean up the oil spill, and the billing for these services. See, e.g., In re: Oil Spill by Oil Rig “Deepwater Horizon” in the Gulf of Mexico, on April 20, 2011, No. MDL 2179, 2011 WL 4575696 (E.D.La. Sept. 30, 2011) (<HOLDING>). “It is well established that a charter Options: A. holding that general maritime law preempts state law B. holding that federal maritime law and not state law applies to all actions for wrongful death in navigable state waters C. holding that the general rule of maritime law that parties bear their own costs coupled with the need for uniformity in federal maritime law precludes the application of state attorneys fee statutes such as texas civ prac remcode 38001 to maritime contract disputes D. holding that wrongful death actions asserted under admiralty jurisdiction lie under general maritime law for death caused by violation of maritime duties and are not limited to standards of liability created by state law E. holding that the flsa preempts certain state law claims

assistant: The best answer is A. holding that general maritime law preempts state law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice, request, instruction or other document to be given hereunder by any party to the other will be in writing and will be deemed to have been duly given (a) on the date of delivery if delivered personally or by telecopy or facsimile, upon confirmation of receipt, (b) on the first business day following the date of dispatch if delivered by a recognized next-day courier service, or (c) on the third business day following the date of mailing if delivered by registered or certified mail, return receipt requested, postage prepaid. All notices hereunder shall be delivered as set forth below, or pursuant to such other instructions as may be designated in writing by the party to receive such notice.

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: The Executive agrees not to engage in any business activities during the Employment Period except those which are for the sole benefit of the Company and its subsidiaries, and to devote her entire business time, attention, skill and effort to the performance of her duties under this Agreement. Notwithstanding the foregoing, the Executive may, without impairing or otherwise adversely affecting the Executive’s performance of her duties to the Company, (i) engage in personal investments and charitable, professional and civic activities, and (ii) with the prior approval of the Board of Trustees, serve on the boards of directors of corporations other than the Company, provided, however, that no such approval shall be necessary for the Executive’s continued service on any board of directors or board of trustees on which she was serving on the date of this Agreement, all of which have been previously disclosed to the Board of Trustees in writing. The Executive shall perform her duties to the best of her ability, shall adhere to the Company’s published policies and procedures, and shall use her best efforts to promote the Company’s interests, reputation, business and welfare.

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 case excerpt and choose the best holding from the options. Case excerpt: process. See Iowa Const. art. I, §§ 9, 10. In order to justify a different result under our state constitution, then, there must be some principled basis for distinguishing at least one of these two provisions from the federal law as enunciated in Nichols. We find no persuasive reason to disagree with Nichols on the facts and arguments presented in this case, and therefore we decline to interpret the Iowa Constitution to afford more protection than the federal constitution with respect to the use of prior uncounseled misdemeanor convictions. We begin by pointing out that the state right-to-counsel and due-process provisions are textually similar to their federal counterparts. Compare U.S. Const. amends. VI, XIV, with Iowa Const. art. I, §§ 9, 10. But see RACI II, 675 N.W.2d at 5 n. 2 (<HOLDING>). For this reason, past construction of the Options: A. holding that lsacc art 160 prior to its amendment in 1979 was unconstitutional as a violation of the equal protection clauses of the state and federal constitutions B. recognizing significant differences in text of state and federal equal protection clauses C. holding that the state law violated equal protection principles D. holding that the due process and equal protection clauses do not trigger tucker act jurisdiction in the courts E. holding transfer rule did not violate federal equal protection

assistant: The best answer is B. recognizing significant differences in text of state and federal equal protection clauses
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 Your employment terminates as a result of Disability, the Grant will continue to vest for so long as You continue to qualify as having such Disability. That portion of the Grant which does not become exercisable pursuant to the foregoing sentence will forfeited as of such change in status.

assistant: Disability
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 terms of this Agreement shall be deemed to have been waived by any party hereto, unless such waiver is in writing and signed by that party. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other provision of this Agreement or any further breach of the provision so waived.

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: 2.1. A Receiving Party agrees: 2.1.3. not to disclose any Confidential Information to any person or entity other than to such of its employees who need to know for the Purpose (“Permitted Disclosees”), provided that the Receiving Party shall ensure that its Permitted Disclosees keep all Confidential Information confidential and only use it on the terms of this Agreement, as if such Permitted Disclosees were party to this Agreement.

assistant: Yes
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 June 2007, the petitioner entered guilty pleas on the charges of breaking and entering and rape. On August 18, 2009, a consortium of attorneys filed a petition for a writ of habeas corpus on the petitioner’s behalf alleging that his guilty pleas were neither knowing nor voluntary and were constitutionally invalid for several reasons. Id. at 526, 722 S.E.2d at 829. Despite a request from the petitioner’s attorneys that his release from parole supervision be delayed, the petitioner was released from supervision on August 24, 2009, six days after his habeas petition was filed. The Supreme Court rejected an interpretation of Code § 8.01-662 requiring that the petitioner still be under detention in order to seek relief from an allegedly unlawful conviction. Id. at 529, 722 S.E.2d at 830 (<HOLDING>). Further, the Court held that the controversy Options: A. holding that active jurisdiction arose when the petitioner was detained for purposes of habeas corpus when the petition was filed B. holding that a petition for review is an adequate substitute for habeas corpus C. holding that the rule applies for purposes of habeas corpus under section 2254 D. recognizing that federal habeas statutes require petitioner to be in custody when petition filed E. holding that a habeas corpus petitioner who did not raise an ineffective assistance claim in his first state habeas petition satisfied the cause prong of the cause and prejudice test when counsel on the first state habeas petition was also trial counsel whose performance was allegedly inadequate

assistant: The best answer is A. holding that active jurisdiction arose when the petitioner was detained for purposes of habeas corpus when the petition was filed
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: an advance of $1,000 in defense of a claim of back rent. He then entered an appearance in the case and filed an answer, but did nothing else while a judgment was entered against his client in the amount of $22,000. In a third client’s matter, McCartney required an advance payment of $23,500 to handle a real estate matter, but then took no action. While these clients attempted to contact McCartney, he closed his law office, absconded, did nothing to salvage his client’s interests, and subsequently failed to respond to his bar complaints. Moss’s behavior does not rise to the level in McCartney. However, Moss does have a past disciplinary record. We hold that the negotiated sanction is appropriate and in accord with case law. See Thompson v. Kentucky Bar Ass’n, 360 S.W.3d 238 (Ky.2012) (<HOLDING>). B.Dismissing Count Y: SCR 3.130(8.1)(b). The Options: A. holding that attorneys failure to timely file application for suspension of deportation despite contrary representations to client constituted ineffective assistance B. holding that plaintiffs failure to respond to argument warranted dismissal with prejudice C. holding that an attorney may only undertake to represent a new client against a former client where there is no confidential information received from the former client that is in any way relevant to representation of the current client D. holding that suspension for fortyfive days with requirement of paying restitution of 47950 to client plus costs was appropriate disciplinary sanction for attorneys conduct relating to representation of client in divorce action in failing to act with diligence failing to keep client informed failing to adequately explain matters to client and failing to return unearned advancefee upon termination of representation and for attorneys conduct in failing to respond to two letters from office of bar counsel seeking explanation of inconsistencies in attorneys response to bar complaint E. holding thompsons earlier private admonition coupled with his new violations warranted a sixtyone day suspension to be partially probated with conditions thompson admitted the following violations a lack of diligence a failure to safekeep client property a failure to timely terminate representation upon disability a failure to communicate with clients and failure to return client files and unearned fees

assistant: The best answer is E. holding thompsons earlier private admonition coupled with his new violations warranted a sixtyone day suspension to be partially probated with conditions thompson admitted the following violations a lack of diligence a failure to safekeep client property a failure to timely terminate representation upon disability a failure to communicate with clients and failure to return client files and unearned fees
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT, AND ALL ACTIONS, CAUSES OF ACTION OR CLAIMS OF ANY KIND (WHETHER AT LAW, IN EQUITY, IN CONTRACT, IN TORT OR OTHERWISE) THAT MAY BE BASED UPON, ARISE OUT OF OR RELATED TO THIS AGREEMENT, SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAW OF THE STATE OF NEW YORK, WITHOUT REGARD TO THE CONFLICT OF LAWS PRINCIPLES THEREOF; PROVIDED, THE INTERPRETATION OF (I) AN “ACQUIRED BUSINESS MATERIAL ADVERSE EFFECT” AND WHETHER AN “ACQUIRED BUSINESS MATERIAL ADVERSE EFFECT” HAS OCCURRED, (II) THE ACCURACY OF ANY REPRESENTATION MADE BY THE ACQUIRED BUSINESS AND WHETHER AS A RESULT OF ANY INACCURACY THEREOF THE BORROWER (OR AN AFFILIATE) HAVE THE RIGHT (WITHOUT REGARD TO ANY NOTICE REQUIREMENT) TO TERMINATE THE BORROWER’S (OR SUCH AFFILIATE’S OBLIGATIONS (OR TO REFUSE TO CONSUMMATE THE TRANSACTIONS) UNDER THE ACQUISITION AGREEMENT AND (III) WHETHER THE TRANSACTIONS HAVE BEEN CONSUMMATED IN ACCORDANCE WITH THE TERMS OF THE ACQUISITION AGREEMENT, IN EACH CASE, SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF DELAWARE; PROVIDED, FURTHER, THAT, WITH RESPECT TO ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THE ACQUISITION AGREEMENT OR THE TRANSACTIONS CONTEMPLATED THEREBY AND WHICH DO NOT INVOLVE ANY CLAIMS BY OR AGAINST THE ADMINISTRATIVE AGENT OR THE LENDERS OR TO WHICH THE ADMINISTRATIVE AGENT OR THE LENDERS ARE NOT OTHERWISE A PARTY, THIS SENTENCE SHALL NOT OVERRIDE ANY JURISDICTION PROVISIONS SET FORTH IN THE ACQUISITION 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 legal provision and list the applicable contract clause categories. Provision: The Parties may execute this Agreement in counterparts, each of which shall be deemed an original, and all of which taken together shall constitute one and the same instrument. Delivery of an executed counterpart of this Agreement by facsimile, email in portable document format (.pdf), or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document has the same effect as delivery of an executed original 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 may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, and all such counterparts shall together constitute but one and the same instrument. A signature to this Agreement transmitted electronically shall have the same authority, effect and enforceability as an original signature.

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: No ERISA Event has occurred or is reasonably expected to occur that, when taken together with all other such ERISA Events for which liability is reasonably expected to occur, could reasonably be expected to result in a Material Adverse Effect. The present value of all accumulated benefit obligations under each Plan (based on the assumptions used for purposes of Statement of Financial Accounting Standards No. 87) did not, as of the date of the most recent financial statements reflecting such amounts, exceed the fair market value of the assets of such Plan such that it could reasonably be expected to result in a Material Adverse Effect.

assistant: Erisa
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: must be compelling proof that the refusal to deal was motivated by anticompetitive purposes, or will produce an anticompetitive effect. See, e.q., Oreck Corp. v. Whirlpool Corp., 579 F.2d 126, 133 (2d Cir.) (en banc), cert. denied, 439 U.S. 946, 99 S.Ct. 340, 58 L.Ed. 2d 338 (1978) (“[Something more than an agreement between [a manufacturer and a distributor] must be shown. The agreement becomes violative of Section 1 of the Sherman Act only if it is anticompetitive in purpose and effect — in sum, it must be tested by the rule of reason.”) (emphasis in original); Westman Comm’n Co. v. Hobart Int’l, Inc., 796 F.2d 1216, 1223 (10th Cir.1986), cert. denied, — U.S. —, 108 S.Ct. 1728, 100 L.Ed.2d 192 (1988); cf. Local Beauty Supply, Inc. v. Lamaur, Inc., 787 F.2d 1197, 1200 (7th Cir.1986) (<HOLDING>). Therefore, regardless whether a combination Options: A. holding that to be preempted as a per se illegal hybrid restraint a regulation must involve a delegation of market power to private parties that is per se illegal because otherwise the hybrid restraint could not be attacked as facially invalid B. holding that the per se rule does not apply to a vertical agreement between a buyer and supplier and noting that precedent limits the per se rule in the boycott context to cases involving horizontal agreements among direct competitors C. holding that otherwise lawful nonprice mechanism agreements between a manufacturer and a distributor may be rendered per se unlaw ful if imposed as part of an illegal scheme to fix prices D. holding that a maximum vertical price maintenance scheme is not per se illegal E. holding such agreements to be per se illegal

assistant: The best answer is C. holding that otherwise lawful nonprice mechanism agreements between a manufacturer and a distributor may be rendered per se unlaw ful if imposed as part of an illegal scheme to fix prices
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: has exercised its discretion to admit [materials for the purpose of illustrating testimony], it will only rarely be found in error, at least if potentially misleading inaccuracies have been pointed out by witnesses for the proponent, or could have been exposed upon cross-examination. (Citation omitted.) J. B. Hunt Transport, supra, 236 Ga. App. at 636 (1) (b). Here, given its purpose of illustrating the state trooper’s testimony, along with the fact that any inaccuracies in the training video’s depiction of HGN could have been brought out upon cross-examination of the state trooper, we hold that the trial court did not abuse its discretion in allowing the HGN test training video to be played to the jury. Cf. id.; accord Hartsock u. State, 322 SW3d 775, 777-780 (Tex. Ct. App. 2010) (<HOLDING>). 7. Travis contends that the trial court erred Options: A. holding juvenile court did not abuse its discretion in admitting expert testimony B. holding trial court did not abuse its discretion in admitting highly probative and relevant evidence of other crimes C. holding that district court did not abuse its discretion in admitting settlement evidence for the limited purpose of proving converses estoppel claims D. holding that trial court did not abuse its discretion in admitting law enforcement training dvd showing how a persons eyes look with and without hgn where dvd was shown to the jury for the purpose of helping them understand the officers testimony about the hgn test administered to the defendant E. holding the trial court did not abuse its discretion by admitting gangrelated evidence

assistant: The best answer is D. holding that trial court did not abuse its discretion in admitting law enforcement training dvd showing how a persons eyes look with and without hgn where dvd was shown to the jury for the purpose of helping them understand the officers testimony about the hgn test administered to the defendant
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: court with those facts relevant to the court’s appellate review of agency action. Rule 80B(d) is not intended to allow the reviewing court to retry the facts that were presented to the governmental ■ decision-maker, nor does it apply to any independent civil claims contained in the complaint. Rather, it is intended to allow the reviewing court to obtain facts not in the record that are necessary to the appeal before the court. See Palesky v. Secretary of State, 1998 ME 103, ¶¶ 5-9, 711 A.2d 129, 131-132. For example, the complainant may augment the record if there are claims of ex parte communication or bias alleged, with sufficient particularity, to have had an effect on the fairness of the governmental proceedings, see, e.g., White v. Town of Hollis, 589 A.2d 46, 48 (Me.1991) (<HOLDING>); Ryan v. Town of Camden, 582 A.2d 973, 975 Options: A. holding that defendants failure to renew their motion for judgment as a matter of law which was denied by the district court when they made it at the close of the evidence limited the relief the appellate court could grant to a new trial B. holding that seventh application for postconviction relief which was rejected because evidence on which it was based was not properly authenticated was properly filed C. holding rule 80bd motion was properly denied because petitioner was not entitled to relief as a matter of law D. holding that property owner was not entitled to relief under cafra because he received notice and failed to properly file a claim E. holding that the defendants motion for discharge was premature and thus properly denied by the trial court

assistant: The best answer is C. holding rule 80bd motion was properly denied because petitioner was not entitled to relief as a matter of law