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 Ole Mexican Foods, Inc., 285 Ga. at 291 (stating that although “the label that contracting parties affix to an agreement is not necessarily determinative of the agreement’s predominant purpose,” it “ ‘is a good barometer of the parties’ intentions’ ” and “ ‘can constitute potent evidence of that purpose.’ ”); Paramount Contracting Co. v. DPS Industries, Inc., 309 Ga. App. 113, 116 (709 SE2d 288) (2011) (finding sale of good was the predominant purpose of a contract providing for both the sale and delivery of dirt, in part because the contract did not provide separate pricing for the delivery of the dirt and the delivery cost accounted for, at best, only 20 percent of the value of the dirt); Southern Tank & Equipment Co. v. Zartic, Inc., 221 Ga. App. 503, 505 (471 SE2d 587) (1996) (<HOLDING>); J. Lee Gregory, Inc., 209 Ga. App. at 288 (1) Options: A. holding the predominant purpose of a contract containing both sale and nonsale aspects was the sale of goods in part because the portion of the cost attributable to nonsale elements was less than onehalf of the total contract price B. holding contract for sale of water which did not specify price was unenforceable because price of water was essence of contract C. holding that an attorney approval clause in a contract for the sale of real estate was a part of that contract and would have to be satisfied for the underlying contract to be enforceable D. holding that one method of computing damages for a breach of contract is the contract price less the reasonable cost of completion E. holding that the measure of damages for the breach of a contract of sale where no fraud is shown is the difference between the contract price and the market price of the goods on the date of the breach

assistant: The best answer is A. holding the predominant purpose of a contract containing both sale and nonsale aspects was the sale of goods in part because the portion of the cost attributable to nonsale elements was less than onehalf of the total contract price
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon and inure to the benefit of the parties named herein and their respective successors and permitted assigns. Neither party may assign either this Agreement or any of its rights, interests, or obligations hereunder without the prior written approval of non-assigning party.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: niantic , tpc , and tpci make no warranty that the services will meet your requirements or be available on an uninterrupted , secure , or error - free basis , and we make no warranty regarding the quality , accuracy , timeliness , truthfulness , completeness , or reliability of any 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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in two or more counterparts, and each such counterpart shall be an original instrument, but all such counterparts taken together shall be considered one and the same agreement, effective when one or more counterparts have been signed by each party and delivered to the other parties, it being understood that all parties need not sign the same counterpart. Any signed counterpart delivered by facsimile shall be deemed for all purposes to constitute such party’s good and valid execution and delivery 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 case excerpt and choose the best holding from the options. Case excerpt: concedes that the Tribe is immune from suit. But he contends that this immunity does not extend automatically to the Gold Country Casino. He urges that the district court be required to apply a three-part test to determine whether the Casino is “analogous to a governmental agency or operating in a governmental capacity as an arm of the tribe.” Allen argues in the alternative that, if the Casino is immune, it waived its immunity by referring to federal law in its employment materials. We review de novo the district court’s dismissal under Federal Rule of Civil Procedure 12(b). See, e.g., Decker v. Advantage Fund, Ltd., 362 F.3d 593, 595-96 (9th Cir.2004). We also review de novo questions of sovereign immunity and subject matter jurisdiction. Orff 384, 388-89, 105 Cal.Rptr.2d 773 (2001) (<HOLDING>); Trudgeon v. Fantasy Springs Casino, 71 Options: A. holding that state did not have jurisdiction over tribe where tribe paid into workers compensation program but had not waived sovereign immunity B. holding that a casino that functioned as an arm of the tribe enjoyed tribal immunity C. holding that an official of an indian tribe should be stripped of his authority and corresponding immunity to act on behalf of his tribe whenever he exercises a power his tribe was powerless to convey to him D. recognizing sovereign immunity of forprofit corporation formed by a tribe to operate the tribes casino E. holding that offreservation casino owned and operated by tribe was arm of the tribe and therefore was entitled to sovereign immunity

assistant: The best answer is E. holding that offreservation casino owned and operated by tribe was arm of the tribe and therefore was entitled to sovereign immunity
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 consent, waiver, order, approval or authorization of, or registration, declaration or filing with, or notice to, any Governmental Entity or other Person is required by, or with respect to, the Purchaser in connection with the execution, delivery and performance of this Agreement and the Ancillary Agreements or the consummation of the transactions contemplated hereby and thereby, except for any filings that are required under any applicable federal or state securities laws. Without limiting the generality of the foregoing, no vote or consent of the holders of any class or series of capital stock of the Purchaser is necessary to approve this Agreement.

assistant: Consents
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 3.14 sets forth a description of all material insurance policies maintained by or on behalf of the Loan Parties as of the Effective Date. As of the Effective Date, all premiums in respect of such insurance have been paid. Holdings believes that the insurance maintained by or on behalf of Holdings and its Restricted Subsidiaries is adequate.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: crediting favorable evidence if reasonable jurors could, and disregarding contrary evidence unless reasonable jurors could not.” City of Keller v. Wilson, 168 S.W.3d 802, 807 (Tex.2005). A. Applicable Statute of Limitations As a threshold issue, the parties disagree over the length of the statute of limitations for Nelda’s breach of an implied warranty claim. In her last live pleading Nelda asserted a claim for breach of a common law implied warranty to repair her home in a good and workmanlike manner. She also asserted, under her DTPA cause of action, that Olshan breached an implied warranty that its foundation repairs would be done in a good and workmanlike manner. Olshan asserts the limitations period is two years for all of h 09, 412 (Tex.App.-Houston [1st Dist.] 1994, no pet.) (<HOLDING>); Darr Equip. Co. v. Allen, 824 S.W.2d 710, 712 Options: A. holding statute of limitations for dtpa action including claim for breach of express or implied warranty under the dtpa is two years B. holding that a twoyear statute of limitations period applies to all 1983 actions brought in pennsylvania C. holding that because the dtpa is the only way of pursuing an implied warranty claim for repairs to existing tangible goods such a claim must necessarily be brought within the twoyear dtpa limitations period D. holding plaintiff had to commence his breach of implied warranty action under the dtpa within two years because tjhis special statute of limitations denies plaintiffs alternative proposal of entitlement to recover for breach of the common law implied warranty E. holding that an implied warranty to perform services in a good and workmanlike manner is an action available under the dtpa and is subject to the twoyear limitations provided by the dtpa

assistant: The best answer is C. holding that because the dtpa is the only way of pursuing an implied warranty claim for repairs to existing tangible goods such a claim must necessarily be brought within the twoyear dtpa limitations period
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: Fernandez v. Farmers Ins. Co., 115 N.M. 622, 627, 857 P.2d 22, 27 (1993). {53} Other jurisdictions that have addressed the issue have unequivocally held that for purposes of personal jurisdiction, it is not sufficient to establish only instrumentality, and instead a plaintiff must also establish that the corporation that is 960 F.2d 1080, 1091-93 (1st Cir.1992) (deciding the question of personal jurisdiction using federal veil piercing standard for ERISA cases and holding that fraudulent intent and injustice are elements of the standard), superseded by rule on other grounds as stated in Cent. States, Southeast and Southwest Areas Pension Fund v. Reimer Express World Corp., 230 F.3d 934, 940 (7th Cir. 2000); ACE & Co. v. Balfour Beatty PLC, 148 F.Supp.2d 418, 425 (D.Del.2001) (<HOLDING>); Medina v. Four Winds Int’l Corp., 111 Options: A. recognizing that the alter ego doctrine is an equitable doctrine which should be used to prevent inequitable results B. holding an alter ego action could be brought by the debtor corporation under texas law C. holding that delaware law requires fraud injustice or inequity to be shown before the alter ego doctrine can be used to find personal jurisdiction over a parent corporation D. holding that alter ego is shown from the total dealings of the corporation E. recognizing that the corporate entity is disregarded to prevent fraud or an injustice not to inflict an obligation on an innocent corporation and that the fraud or inequity sought to be eliminated must be that of the party against whom the alter ego doctrine is invoked

assistant: The best answer is C. holding that delaware law requires fraud injustice or inequity to be shown before the alter ego doctrine can be used to find personal jurisdiction over a parent corporation
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: not be extinguished or circumscribed by adversary or court. There is not even a perfunctory order of court closing the file. Its alpha and omega was the doing of the plaintiff alone. 317 F.2d at 297. Accordingly, the district court may not attach any conditions to the dismissal. Williams v. Ezell, 531 F.2d 1261, 1264 (5th Cir.1976). After the notice of voluntary dismissal is filed, the district court loses jurisdiction over the case. Qureshi, 600 F.3d at 525. Further, this court has determined that Rule 41(a)(1)(A)® “means precisely what it says” by stating that only the filing of an answer or motion for summary judgment terminates the plaintiffs unilateral right to dismiss the action by notice. Pilot Freight Carriers, Inc. v. Int’l Bhd. of Teamsters, 506 F.2d 914, 916 (5th Cir. 1975) (<HOLDING>); Carter v. United States, 547 F.2d 258, 259 Options: A. holding that a motion for a preliminary injunction and a hearing on that motion were insufficient to prevent the plaintiff from dismissing by notice B. holding that court can consider inadmissible evidence in the context of a motion for preliminary injunction C. holding that plaintiffs were not entitled to a preliminary injunction D. holding that a motion for a 705 stay should be judged by the same standard as a motion for a preliminary injunction E. holding that the filing of notice without motion is insufficient

assistant: The best answer is A. holding that a motion for a preliminary injunction and a hearing on that motion were insufficient to prevent the plaintiff from dismissing by notice
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: Use the proceeds of the Loans and the Letters of Credit (i) to refinance Indebtedness of the Borrowers under the Existing Credit Agreement and (ii) for general corporate purposes of the Borrowers and their Subsidiaries.

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: You will be eligible to participate in such medical, retirement and other benefits as are approved by the Board of Directors . As is the case with all employee benefits, such benefits will be governed by the terms and conditions of applicable plans or policies, which are subject to change or discontinuation at any time.

assistant: 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: Each of the representations and warranties of the Company in this Agreement and the other Transaction Documents that are qualified by materiality or by reference to any Material Adverse Effect shall be true and correct in all respects, and all other representations and warranties shall be true and correct in all material respects, as of the date when made and as of each Closing Date as though made at that time, except for representations and warranties that are expressly made as of a particular date, which shall be true and correct in all respects as of such date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will, and will cause each Subsidiary to, comply with all laws, rules, regulations and orders of any Governmental Authority applicable to it or its property, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.

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 case excerpt and choose the best holding from the options. Case excerpt: if it were a search, I would find it here supported by the requisite reasonable suspicion and would therefore admit the evidence obtained from the search. Because the majority concludes that under Article II, Section 7 of the Colorado Constitution, a dog sniff of a person's automobile intrudes upon a reasonable expectation of privacy and constitutes a search, and because the majority discerns no reasonable suspicion, I respectfully dissent. I The purpose of both the Fourth Amendment of the United States Constitution and Article II, Section 7 of the Colorado Constitution is to protect a person's legitimate expectation of privacy from unreasonable governmental intrusion. People v. Sporleder, 666 P.2d 135, 139 (Colo.1983). In determining whether an expectation of privacy is legitimat ) (<HOLDING>). Hence, the United States Supreme Court and Options: A. holding that a dog sniff during a legitimate traffic stop does not constitute a search because there is no expectation of privacy in contraband and a dog sniff does not violate any privacy interest B. holding that a dog sniff of the outside of a car subsequent to a valid traffic stop did not constitute a search C. holding that a dog sniff of a federal express package was a search D. holding that a dog sniff of a vehicle during a traffic stop conducted absent reasonable suspicion of illegal drug activity did not violate the fourth amendment because it did not implicate any legitimate privacy interest E. holding that a dog sniff of the area outside the door of a hotel room is not a search under the fourth amendment or the texas constitution because the dogs sniff does not explore the details of the hotel room and the sniff reveals nothing about the room other than the presence of cocaine in which there is no legitimate privacy interest

assistant: The best answer is A. holding that a dog sniff during a legitimate traffic stop does not constitute a search because there is no expectation of privacy in contraband and a dog sniff does not violate any privacy interest
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the Plan contain the entire understanding and agreement between the Company and the Grantee concerning the Restricted Stock Units granted hereby, and supersede any prior or contemporaneous negotiations and understandings. The Company and the Grantee have made no promises, agreements, conditions, or understandings relating to the Restricted Stock Units, either orally or in writing, that are not included in this Agreement or the Plan .

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 case excerpt and choose the best holding from the options. Case excerpt: court’s simultaneous dismissal of the plaintiffs emotional distress claim under the three-year statute and refusal to dismiss the malpractice claim to the extent that it alleged “economic losses incurred in the effort to retain custody of her child.” 170 Vt. 428, 435, 751 A.2d 788, 793 (2000); see also Egri, 174 Vt. at 445, 804 A.2d at 768 (“[WJhere a complaint clearly alleges injury covered by § 512 and injury covered by § 511, the two different limitation periods apply, even though there is only one wrongful act.”). ¶ 23. To be sure, the mere fact that economic harm is alleged will not invariably invoke § 511’s six-year limitation provision where the “gravamen or essence” of the claim remains personal injury. See Rennie v. State, 171 Vt. 584, 587, 762 A.2d 1272, 1276 (2000) (mem.) (<HOLDING>). Defendants assert that this is precisely the Options: A. holding that although plaintiff claimed she lost income and other economic benefits from alleged tortious interference this did not alter the underlying nature of the claim as one for personal injuries governed by 512s threeyear limitation period B. holding that the limitation period for commencing a judicial action for unlawful discrimination in employment is the threeyear period of nycivpracl r 2142 C. holding that although plaintiff claimed that googles two top executives did have direct unique and personal knowledge of the facts at issue it made sense to require plaintiff to seek the information from other sources first D. holding that warranty actions for personal injury damages or tortious injury to personal property are governed by general nonucc limitations periods E. holding that even though constitutional claims alleged under 1983 encompass numerous and diverse topics and subtopics the state statute of limitations governing tort actions for the recovery of damages for personal injuries provides the appropriate limitation period

assistant: The best answer is A. holding that although plaintiff claimed she lost income and other economic benefits from alleged tortious interference this did not alter the underlying nature of the claim as one for personal injuries governed by 512s threeyear limitation period
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: Compl. ¶¶ 88-90. Reading these allegations in the light most favorable to the plaintiff, the Court finds that they fail to state a predicate act for bribery. In these three paragraphs there is not one single factual allegation of a specific bribe paid to any insurance agent at any time. Rather, paragraphs 88 through 90 constitute nothing more than vague, general and con-elusory allegations insufficient to put a defendant on notice of any alleged wrongdoing. Accordingly, there is alleged no predicate act of bribery sufficient to support the plaintiffs RICO claims. 3. Money laundering The final category of predicate acts alleged by the plaintiff is money laundering. See 18 U.S.C. § 1961(1); Ray v. General Motors Acceptance Corp., 1995 WL 151852, CV 92-5043 (DGT) (E.D.N.Y. Mar. 28, 1995) (<HOLDING>) Pursuant to 18 U.S.C. § 1956(a)(1): Whoever, Options: A. holding that defendants state conviction for carrying a concealed weapon was not part of the instant federal money laundering offense even though the concealed weapon was found at the time of defendants arrest for attempting to carry out money laundering scheme B. holding that conspiracies can serve as predicate acts for a rico conspiracy C. recognizing money laundering as a predicate act under rico D. holding that venue did not he in virginia for money laundering that occurred in florida de spite the fact that the money was embezzled in virginia E. holding that judge erred in not explaining to jury that it could consider predicate acts listed in relation to substantive rico count when deciding whether defendants had also conspired to violate rico

assistant: The best answer is C. recognizing money laundering as a predicate act under rico
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: proof of other elements of the crime, the act of slaying another. This the Court found to be unconstitutional in that it “undermined the factfinder’s responsibility at trial, based on the evidence adduced by the State, to find the ultimate facts beyond a reasonable doubt.” 105 S.Ct. at 1972 citing County Court of Ulster County v. Allen, 442 U.S. at 156, 99 S.Ct. at 2224. In Franklin, the State argued that the language of the instruction allowing the presumption “may be rebutted” differentiated Franklin from Sandstrom, but the Court disagreed. The Court held that mandatory rebuttable presumptions are no less unconstitutional than mandatory conclusive .presumptions, even if slightly less onerous. 105 S.Ct. at 1973. See also Mullaney v. Wilbur, 421 U.S. at 698-70, 95 S.Ct. at 1889-1890 (<HOLDING>). “When combined with the immediately preceding Options: A. holding unconstitutional a mandatory rebuttable presumption that shifted to the defendant a burden of persuasion on the issue of intent B. holding that the improper use of a mixedmotive instruction in a butfor case shifted the burden of persuasion on a central issue in the case and therefore the error cannot be harmless C. recognizing that the burden of persuasion for a showing of prejudice was on the defendant D. holding that the plaintiffs have the burden of proof and persuasion as to the existence of standing E. holding that guidelines create a rebuttable presumption

assistant: The best answer is A. holding unconstitutional a mandatory rebuttable presumption that shifted to the defendant a burden of persuasion on the issue of intent
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: rule that if an arrest violates the Fourth Amendment, the subsequent seizure of property based on the invalid arrest violates it as well. In Ross v. Duggan, this Court addressed a situation similar to the one in this case. 402 F.3d 575 (6th Cir.2004). There, several plaintiffs challenged the City of Detroit’s seizure of their vehicles during their arrests for prostitution-related offenses. Id. at 578. The City justified its seizure based on Michigan’s nuisance abatement statute, and we held that the statute permitted the seizure of vehicles used to transport someone to the scene of the crime. See id. at 580, 582-83. But Ross does not decide the case before us because Ross involved plaintiffs who had effectively conceded that probable cause existed for their offenses. See id. at 584-87 (<HOLDING>). Of course, Ross also held that there was Options: A. holding that the existence of probable cause furnished constitutional justification for the temporary preforefeiturehearing impoundments of the subject vehicles B. holding that the existence of probable cause in a 1983 case is a jury question C. holding that the existence of probable cause for an arrest is a complete defense to a first amendment retaliation claim under the doctrine of qualified immunity D. holding that the existence of probable cause is a complete defense to a 1983 claim alleging false arrest E. holding that the existence of probable cause vitiated the need for an inquiry into an underlying motive for the arrest

assistant: The best answer is A. holding that the existence of probable cause furnished constitutional justification for the temporary preforefeiturehearing impoundments of the subject vehicles
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 Obligor shall acquire or accept any Inventory on consignment or approval, and each Obligor shall take all steps to assure that all Inventory is produced in accordance with Applicable Law, including the FLSA (if applicable). No Obligor shall sell any Inventory on consignment or approval or any other basis under which the customer may return or require an Obligor to repurchase such Inventory. Obligors shall use, store and maintain all Inventory with reasonable care and caution, in accordance with applicable standards of any insurance and in conformity with all Applicable Law, and shall make current rent payments (within applicable grace periods provided for in leases) at all locations where any Collateral is located.

assistant: Sales
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: certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental , consequential or certain other types of damages , so the exclusions set forth above may not apply to you .

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 Seller does hereby sell, transfer, assign, set over and convey to the Purchaser, without recourse, representation or warranty (except as otherwise specifically set forth herein), subject to the rights of the holders of interests in any related Companion Loan, all of its right, title and interest in and to the Mortgage Loans secured by the Mortgaged Properties identified on Exhibit A to this Agreement (the “ Mortgage Loan Schedule ”) including all interest and principal received or receivable on or with respect to the Mortgage Loans after the Cut-Off Date (and, in any event, excluding payments of principal and interest and other amounts due and payable on the Mortgage Loans on or before the Cut-Off Date and excluding any Retained Defeasance Rights and Obligations with respect to the Mortgage Loans).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the Borrower, the Guarantors nor any of their respective Subsidiaries has engaged or otherwise dealt with any broker, finder or similar entity in connection with this Agreement or the Loans contemplated hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Parent and the Borrower will, and will cause each of the Subsidiaries to, comply with all laws, rules, regulations and orders of any Governmental Authority applicable to it or its Property, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.

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: Tenant shall keep the Facility insured against loss or damage by fire and other casualty with extended coverage and against any other risks or hazards as determined by Facility Mortgagee, with the minimum amount of said insurance to be no less than the amount of the Note, and Tenant shall maintain insurance against the risk of rental or business interruption at the Premises, in an amount deemed satisfactory by Facility Mortgagee.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: whether ‘questions of law or fact common to class members predominate’ begins, of course, with the elements of the underlying cause of action.”). We have concluded that the “nature of the work” defense can, and will, be applied on a class-wide basis in this case. We offer no opinion on whether USSA’s “single-guard” staffing model will qualify for the “nature of the work” exception. But “Rule 23(b)(3) requires [only] a showing that questions common to the class predominate, not that those questions will be answered, on the merits, in favor of the class.” Amgen Inc., 133 S.Ct. at 1191 (emphasis removed); see also United Steel, Paper & Forestry, Rubber, Mfg. Energy, Allied Indus. & Serv. Workers Int’l Union, AFL-CIO, CLC v. ConocoPhillips Co., 593 F.3d 802, 808 (9th Cir.2010) (<HOLDING>). And where, as here, “there are no relevant Options: A. holding that the district court abused its discretion by declining certification based on the possibility that plaintiffs would not prevail on the merits on their on duty theory where the plaintiffs theory was that certain restrictions on their meal breaks made the meals on duty under california law emphasis removed B. holding that a jury verdict will be sustained on any reasonable theory based on the evidence C. holding that the district court abused its discretion by failing to award attorneys fees based on the objective unreasonableness of plaintiffs complaint D. holding that a dismissal on limitations grounds is a judgment on the merits E. holding that plaintiffs are ordinarily entitled to instructions consonant with their theory of the case where evidentiary support for the theory exists

assistant: The best answer is A. holding that the district court abused its discretion by declining certification based on the possibility that plaintiffs would not prevail on the merits on their on duty theory where the plaintiffs theory was that certain restrictions on their meal breaks made the meals on duty under california law emphasis removed
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 3.15 lists all insurance maintained by or on behalf of the Loan Parties and the other Subsidiaries of the U.S. Borrower as of the Second Amendment Effective Date. As of the Second Amendment Effective Date, all premiums in respect of such insurance have been paid. The Borrowers believe that the insurance maintained by or on behalf of the U.S. Borrower and its Subsidiaries is adequate.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Grantee acknowledges that the Company, in the exercise of its sole discretion and without the consent of the Grantee, may amend or modify this Agreement in any manner and delay the issuance of any Shares issuable pursuant to this Agreement to the minimum extent necessary to meet the requirements of Section 409A as the Company deems appropriate or advisable. In addition, the Company makes no representation that the Award will comply with Section 409A and makes no undertaking to prevent Section 409A from applying to the Award or to mitigate its effects on any deferrals or payments made in respect of the Units. The Grantee is encouraged to consult a tax adviser regarding the potential impact of Section 409A.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: on October 12, 1995, less than four months after sending the request for reconsideration, and within six months of the first “final denial,” BOND filed this action in federal district court. The USPS had not acted on BOND’S request for reconsideration prior to BOND filing suit (see footnote 5). Again, to be clear, the Government does not assert that BOND failed to present her claim timely on either occasion, or that suit was filed after the statute of limitations had run. Instead, the Government argues that because BOND filed suit on October 12,1995, before the USPS had issued a second “final denial,” § 14.9(b) makes BOND’S suit premature, and therefore this Court does not have jurisdiction over this matter. McNeil v. United States, 508 U.S. 106, 113 S.Ct. 1980, 124 L.Ed.2d 21 (1993) (<HOLDING>). The FTCA is a limited waiver of sovereign Options: A. holding that district court has no jurisdiction when an action is brought before the first final denial occurs B. holding that a notice of appeal is timely when filed before final judgment is entered by the district court C. holding that district court has no jurisdiction to take further action where there was no remand order D. holding that the district court has broad authority to take jurisdiction over a matter even when that matter is not brought by a real party in interest E. holding that when a court of appeals has jurisdiction on interlocutory appeal the scope of appellate review is not limited to the precise question certified by the district court because the district courts order not the certified question is brought before the court

assistant: The best answer is A. holding that district court has no jurisdiction when an action is brought before the first final denial occurs
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 of Employment, the Company will pay to you a base salary at the rate of not less than $500,000 per annum (the “Base Salary”), which the Company may increase, but not decrease. Base Salary will be paid in accordance with the customary payroll practices of the Company and shall be subject to payroll deductions and required withholdings.

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: The Company and each Guarantor shall have performed and complied with all agreements and conditions contained in this Agreement and the Guaranty required to be performed or complied with by it prior to or at the Closing and from the date of this Agreement to the Closing assuming that Sections 9 and 10 are applicable from the date of this Agreement. From the date of this Agreement until the Closing, before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing. None of the Parent Guarantor, the Company nor any of their Subsidiaries shall have entered into any transaction since March 31, 2016 that would have been prohibited by Section 10 had such Section applied since such date.

assistant: No Defaults
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall automatically terminate, without any further action on the part of the Company or the Seller, if the Closing does not occur on or prior to August 31, 2017, unless the parties mutually agree to a later date. Further, this Agreement may be terminated upon prior written notice by the Seller to the Company if the Pending Acquisition is abandoned by Janssen Holding. In the event of the termination of this Agreement, neither the Company nor the Seller shall have any liability or obligation to the other under or in respect of this Agreement, except to the extent of any fraud or intentional or willful breach of this Agreement. In the event of any such termination, this Agreement shall become void and have no effect, and the transactions contemplated hereby shall be abandoned without further action by the parties hereto except that the provisions of Section 8 and Sections 10 through 19 shall survive the termination of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company will use the proceeds from the sale of the Securities (excluding amounts paid or to be paid by the Company for fees as set forth in the Registered Offering Transaction Documents, if any) for general corporate and working capital purposes and acquisitions or assets, businesses or operations or for other purposes that the board of directors of the Company, in its good faith deem to be in the best interest of the Company.

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: In the event Grantee becomes disabled during the period of Grantee’s employment with the Company and its Subsidiaries, the Award shall continue to vest during the first 180 days of Grantee’s approved disability leave pursuant to a Company disability policy. If Grantee remains on an approved disability leave for more than 180 days, all restrictions imposed on the Units covered by this Award shall lapse and be of no further force or effect, and the Units covered by this Award shall vest in full, on the 181 st day of approved disability leave; provided, that the Grantee’s disability meets the requirements of Treasury Regulation Section 1.409A-3(i)(4)(i). Such vested Units will be paid in accordance with Section 4(b) hereof.

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 case excerpt and choose the best holding from the options. Case excerpt: clearly established law. See Levine v. City of Alameda, 525 F.3d 903, 906 (9th Cir.2008) (“Under the defense of qualified immunity, a government official is immune from civil damages unless his conduct violates a clearly established right of which a reasonable person would have known”); see also Shakur, 514 F.3d at 884-85 (clarifying that sincerity of prisoner’s religious beliefs, not objective doctrinal centrality of beliefs, determines whether Free Exercise Clause applies). The district court properly granted summary judgment to defendants on Campbell’s Equal Protection claim because Campbell did not present evidence indicating that he was similarly situated to inmates who were permitted to possess religious oil. See Gerber v. Hickman, 291 F.3d 617, 623 (9th Cir.2002) (en banc) (<HOLDING>). Campbell’s remaining contentions are Options: A. holding that to assert a viable equal protection claim plaintiffs must first make a threshold showing that they were differently treated from others who were similarly situated to them B. holding that equal protection claim by prisoner lacked merit where prisoner not similarly situated to others who were permitted to engage in relevant conduct C. holding equal protection under the federal constitution applies to similarly situated persons D. holding members of two distinct pension plans were not similarly situated for equal protection analysis E. holding that caucasian employees who engaged in the same act as the plaintiff but it did not result in injury to others were not similarly situated

assistant: The best answer is B. holding that equal protection claim by prisoner lacked merit where prisoner not similarly situated to others who were permitted to engage in relevant conduct
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of the Plan is held to be illegal or invalid for any reason, that holding shall not affect the remaining provisions of the Plan. Instead, the Plan shall be construed and enforced as if such illegal or invalid provision had not been contained herein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the interpretation of the statute has clearly been vested by a provision of law in the agency’s discretion. See Iowa Code § 17A.19(10)(c), (l). If the agency has been clearly vested with interpretive authority, we generally defer to the agency’s interpretation, and may grant relief only if the agency’s interpretation is “irrational, illogical, or wholly unjustifiable.” Id. § 17A.19(10)(i). If the agency has not been clearly vested with discretion to interpret the statute, “we are free to substitute our judgment de novo for the agency’s interpretation and determine if the interpretation is erroneous.” Auen v. Alcoholic Beverages Div., 679 N.W.2d 586, 589-90 (Iowa 2004) (citing Iowa Code § 17A.19(10)(e)). The legislature has delegated broad authority to 643 N.W.2d 205, 207 (Iowa 2002) (<HOLDING>). Section 147.76 clearly'vests the board of Options: A. holding board cannot ignore the rules it adopts under the delegation of authority to prescribe rules for its governance and the governance of the university because such rules have the force and effect of statute B. holding grant of authority to an agency to adopt rules necessary to carry out this chapter clearly vested in the agency authority to interpret a statute C. holding that director of police department does not have final policymaking authority in miamidade county despite having some discretionary authority D. holding statute providing the director shall have the power and authority to prescribe all rules not inconsistent with the provisions of this chapter necessary and advisable for its detailed administration and to effectuate its purposes vested authority in the department of revenue and finance to interpret section 4224520 E. holding that congress had exceeded its authority by using its section five power under the fourteenth amendment to enact the statute

assistant: The best answer is D. holding statute providing the director shall have the power and authority to prescribe all rules not inconsistent with the provisions of this chapter necessary and advisable for its detailed administration and to effectuate its purposes vested authority in the department of revenue and finance to interpret section 4224520
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 computations of interest for ABR Loans when the ABR is determined by reference to the Prime Rate shall be made on the basis of a year of 365 or 366 days, as the case may be, and actual days elapsed (including the first day but excluding the last day). All computations of interest for Eurocurrency Rate Loans denominated in Australian Dollars, Canadian Dollars, Pounds Sterling, or Singapore Dollars, shall be computed on the basis of a year of three hundred sixty-five (365) days, and shall be payable for the actual number of days elapsed (including the first day but excluding the last day). All other computations of fees and interest shall be made on the basis of a 360-day year and actual days elapsed (including the first day but excluding the last day) (which results in more fees or interest, as applicable, being paid than if computed on the basis of a 365-day year). Interest shall accrue on each Loan for the day on which the Loan is made, and shall not accrue on a Loan, or any portion thereof, for the day on which the Loan or such portion is repaid, provided that any Loan that is repaid on the same day on which it is made shall, subject to Section 2.10(a) , bear interest for one day. Each determination by the Administrative Agent of an interest rate or fee hereunder shall be conclusive and binding for all purposes, absent manifest error. Any change in the interest rate on a Loan resulting from a change in the ABR shall become effective as of the opening of business on the day on which such change becomes effective. The Administrative Agent shall promptly notify the Borrower or the applicable Designated Borrower, as applicable, and the relevant Lenders of the effective date and the amount of each such change in interest rate.

assistant: Fees