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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: supercell may assign or delegate these terms of service and/or the supercell privacy policy , in whole or in part , to any person or entity at any time with or without your consent .

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: Potter’s license if the officer had reasonable grounds to believe that she was in actual physical control of her car or had been driving while intoxicated. A.R.S. § 28-1321(A), (K). In Love, the supreme court clarified that “even where a defendant is determined to have relinquished actual physical control, if it can be shown that such person drove while intoxicated to reach the place where he or she was found, the evidence will support a judgment of guilt.” 182 Ariz. at 327-28, 897 P.2d at 629-30. Thus, the safe harbor does not immunize an impaired driver from prosecution for DUI if the state can prove that the person had driven while intoxicated before surrendering control of his or her vehicle. Id.; State ex rel. O’Neill v. Brown, 182 Ariz. 525, 527, 898 P.2d 474, 476 (1995) (<HOLDING>). ¶ 18 Potter told Officer Stant that she had Options: A. holding that dui conviction merges with aggravat ed assault by vehicle while dui conviction B. holding that corpus delicti of dwi is that someone drove or operated motor vehicle in public place while intoxicated C. holding that to be convicted under dwi statute a person must be driving or in actual physical control of the vehicle but motion of the vehicle is not necessary D. holding state can obtain dui conviction by proving circumstantially that defendant drove while intoxicated to place where he relinquished actual physical control of vehicle E. holding that the state had the burden of proving the defendants two prior convictions in order to obtain the felony dui conviction

assistant: The best answer is D. holding state can obtain dui conviction by proving circumstantially that defendant drove while intoxicated to place where he relinquished actual physical control of vehicle
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 acknowledges that certain of Buyers who are purchasing Notes hereunder may be deemed affiliates of and/or otherwise associated with the Placement Agent (the “ Placement Agent Buyers ”). The Company represents and warrants that neither the Placement Agent nor such Placement Agent Buyers are affiliates of, control persons of, controlled by, or under common control with, the Company. The Company further acknowledges and agrees that the execution of the Engagement Letter and the performance by Placement Agent of all actions contemplated in the Engagement Letter does not directly and/or indirectly affect the rights or remedies of any of the Placement Agent Buyers or the obligations of the Company under any Transaction Document, including the Company’s obligations under the Notes and such Placement Agent Buyer’s rights to transfer any of the Securities. The Company is aware that there may be deemed a conflict of interest of the Placement Agent resulting from the engagement contemplated by the Engagement Letter and the Transaction Documents and the Company hereby knowingly and expressly waives any such conflict and/or claim with respect to any such conflict which may exist after consultation with its independent legal counsel.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Benson’s supervision were not tangible employment actions. Sergeant Benson made threats to fire Ms. Kramer, but Ms. Kramer was not actually demoted and did not lose her job because of any action by Sergeant Benson. He may have threatened, but he did not carry out that threat to evaluate her poorly (his written evaluation of her performance was actually favorable) or recommend firing or demotion to the Sheriff. Sergeant Benson interfered with her time off and unfairly delegated job duties, but those actions are not substantial enough to qualify as a significant change in benefits. Ms. Kramer did not suffer economic injury as a result of Sergeant Benson’s discriminatory actions. See Ellerth, 524 U.S. at 760, 118 S.Ct. 2257; Sauers v. Salt Lake County, 1 F.3d 1122, 1127 (10th Cir.1993) (<HOLDING>); Watts v. Kroger Co., 170 F.3d 505, 510 (5th Options: A. holding that job transfer was not quid pro quo harassment B. holding that a transfer of job duties can constitute an adverse employment action C. holding that a job transfer was not an adverse employment action because the plaintiff enjoyed the same rate of pay and benefits and her duties were not materially modified D. holding that transfer was proper remedy for improper venue even though the issue of transfer was not raised until the motion hearing in circuit court E. holding that removal of job responsibility did not constitute an adverse employment action because there was no change in the plaintiffs job position grade pay or benefits

assistant: The best answer is A. holding that job transfer was not quid pro quo harassment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AMENDMENT, THE OTHER LOAN DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED HEREBY AND THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AMENDMENT AND THE OTHER LOAN DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

assistant: Waiver Of Jury Trials
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: nor unconditional," however. Village of Tigerton v. Minniecheske, 211 Wis. 2d 777, 785, 565 N.W.2d 586 (Ct. App. 1997). For instance, the right may be limited on a case-by-case basis in response to a pattern of frivolous litigation. See id. Furthermore, the right is not violated by requiring a civil litigant to pay a filing fee, unless the litigant's inability to pay the fee would prevent him from advancing a matter in which some constitutionally recognized fundamental interest is implicated. See United States v. Kras, 409 U.S. 434 (1973) (reversing waiver of prepayment of filing fee in bankruptcy action); Ortwein v. Schwab, 410 U.S. 656 (1973) (approving refusal to waive filing fee for action to challenge reduction of welfare benefits); cf. M.L.B. v. S.L.J., 519 U.S. 102 (1996) (<HOLDING>); Boddie v. Connecticut, 401 U.S. 371 (1971) Options: A. holding that it is plain error for a trial court to require a defendant to pay courtappointed attorney fees in the absence of legally sufficient evidence that defendant has the ability to pay the amount imposed B. holding that a trial court commits plain error by imposing courtappointed attorney fees where the record is silent as to the defendants ability to pay the fees ordered C. holding that a state may not condition appeals from the termination of a persons parental rights on the ability to pay record preparation fees D. holding that imposition of courtappointed attorney fees is plain error when the record is silent as to the defendants ability to pay the fees ordered E. holding that attorneys fees for the preparation of the fee application are compensable

assistant: The best answer is C. holding that a state may not condition appeals from the termination of a persons parental rights on the ability to pay record preparation fees
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Alexander, 765 F.3d at 995 (finding that the skill factor favored plaintiffs’ classification as employees under California law because “FedEx drivers ‘need no experience to get the job in the first place and [the] only required skill is the ability to drive’”) (quoting Estrada, 64 Cal.Rptr.3d at 337); Ruiz, 754 F.3d at 1104 (finding that “the drivers’ work did not require substantial skill”). As the Ninth Circuit explained in Ruiz, “in hiring drivers, [defendant] did not require special driving licenses or even any work experience; rather a driver simply had to have a driver’s license, sign a work agreement, and pass a physical examination and drug test.” Id. California courts and courts in this district have reached the same conclusion. See, e.g., Villalpando, 2015 WL 5179486, at *49 (<HOLDING>); JKH Enterprises, Inc., 142 Cal.App.4th at Options: A. holding that there is no individual liability under title vii B. holding that when the district court imposed drug testing in connection with a special condition of substance abuse program participation it was not required to specify the number of drug tests a defendant must undergo as a part of the treatment program C. holding that an individual needs no special skills to be hired as a driver for defendant but rather all that is required is that an individual be at least 21 years old pass a physical examination and drug test undergo a criminal background check and have a clean driving record D. holding that an individual who is required to register as a sex offender is not in custody E. holding that because the proper defendant in a title vi case is an entity rather than an individual plaintiff could not be sued in his individual capacity under title vi

assistant: The best answer is C. holding that an individual needs no special skills to be hired as a driver for defendant but rather all that is required is that an individual be at least 21 years old pass a physical examination and drug test undergo a criminal background check and have a clean driving record
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at 574. This conflict is jurisprudentially significant and deserves some reasonable resolution. 7 Although Keys was raised hy the parties, although Keys governed the precise issue before it, and although this Court’s unanimous opinion in Keys had never been overruled, Kurylowicz, nonetheless, ignored its authority because “no Michigan appellate court has seen fit to cite [Keys] since it was released in 1959.” Kurylowicz, 67 Mich App at 572. 8 The flaw in the Court of A (“[Bjasic public policy considerations require that, once an innocent third party is injured in an accident in which coverage is in effect on the automobile, an insurer will be estopped from asserting rescission as a basis upon which it may limit its liability to the statutory minimum.”); Kurylowicz, 67 Mich App at 576 (<HOLDING>), quoting Barrera, 71 Cal 2d at 663. 12 See Options: A. holding that the insurers duty to undertake a reasonable investigation directly inures to the benefit of third persons injured by the insured B. holding that where all necessary parties including the insurer the insured and the third party claimant had stipulated to the material facts in the dispute a declaratory judgment action on the insurers duty to indemnify could proceed C. holding that an insurers duty to defend arises from the allegations in the complaint against the insured D. holding despite a reservation of rights that when the insurer provides a defense to its insured the insured has no right to interfere with the insurers control of the defense and a stipulated judgment between the insured and the injured claimant without the consent of the insurer is ineffective to impose liability upon the insurer E. holding that where an insured consistently deals directly with its insurers reinsurer the reinsurer may become directly liable to the insured

assistant: The best answer is A. holding that the insurers duty to undertake a reasonable investigation directly inures to the benefit of third persons injured by the insured
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: On the Closing Date, upon the terms and subject to the conditions set forth herein, the Company agrees to sell, and each Purchaser, severally and not jointly, agrees to purchase, such number of Shares set forth opposite such Purchaser’s name on Schedule I hereto. Each Purchaser shall deliver to the Company, via wire transfer or a certified check, immediately available funds equal to such Purchaser’s Subscription Amount as set forth on the signature page hereto executed by such Purchaser, and the Company shall deliver to each Purchaser its respective Shares, as determined pursuant to Section 2.2(a), and the Company and each Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing. Upon satisfaction of the covenants and conditions set forth in Sections 2.2 and 2.3, the Closing shall occur at a location as the parties shall mutually agree.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of Appellant’s consent to search, however, I do not believe that the majority affords sufficient weight to the coercive circumstances. In this regard, I depart from the view that the presence of police and legitimate police activity, specifically, securing the premises and placing Appellant in custody, do not implicate a coercive dynamic. Indeed, the Court has acknowledged that there is an element of coercion that exists in non-custodial interactions between law enforcement officers and citizens. See Commonwealth v. Strickler, 563 Pa. 47, 73, 757 A.2d 884, 898 (2000) (citing Commonwealth v. Jones, 474 Pa. 364, 371-72, 378 A.2d 835, 839 (1977)). Such element is enhanced when coupled with custody. See id.; see also Commonwealth v. Smith, 470 Pa. 220, 228, 368 A.2d 272, 277 (1977) (<HOLDING>). Of additional significance, in this case, the Options: A. holding that consent was freely and voluntarily given despite officers advisement that the police could get a search warrant if consent was not given B. recognizing that custody while not determinative in itself places a heavy burden in showing consent was voluntarily given and noting that custody when coupled with other coercive factors will normally necessitate the conclusion that the consent is not effective C. holding there is no consent as a matter of law where the consent was given under coercion D. holding that warrantless search of defendants vehicle was legal because defendants consent was voluntary even through he was in police custody at the time of giving consent E. holding that custody alone has never been enough in itself to demonstrate a consent to search

assistant: The best answer is B. recognizing that custody while not determinative in itself places a heavy burden in showing consent was voluntarily given and noting that custody when coupled with other coercive factors will normally necessitate the conclusion that the consent is not effective
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: to privacy in the country. Mont. Const. Art. II, Sec. 10. Montana’s treatment of privacy rights is more strict than that offered by the Federal Constitution. Montana Human Rights Division v. City of Billings (1982), 199 Mont. 434, 439, 649 P.2d 1283, 1286. It is against this constitutional backdrop that we view the case at bar. Burns, 830 P.2d at 1320 (citations omitted). We affirmed the district court’s holding that, under the circumstances of the case, the State could not show a compelling interest to gain access to Bums’personnel files. Burns, 830 P.2d at 1322. But see Montana Human Rights Div., 649 P.2d 1283 (granting Commission access to employment records to investigate possible violations of discrimination) and Great Falls Tribune v. Sheriff (1989), 238 Mont. 103, 775 P.2d 1267 (<HOLDING>). In Henning, the defendant was arrested for Options: A. holding that police officers sued in their official capacity are not liable for a violation of a privacy interest where the police department did not have a policy of deliberately failing to train its officers with respect to the confidentiality of records B. recognizing the strong privacy interests of the suspects and law enforcement officers identified in the withheld documents C. holding that the privacy interests of the employee police officers did not exceed the publics right to know D. holding that court may seal documents if publics right of access is outweighed by competing interests E. holding that the need to maintain the secrecy of the governments investigation outweighed the publics right of access to sentencing documents

assistant: The best answer is C. holding that the privacy interests of the employee police officers did not exceed the publics right to know
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of Higher Educ. v. Shelton College, 90 N.J. 470, 490, 448 A.2d 988 (1982), this Court enjoined an unlicensed college from granting degrees but allowed the school to award credits and degrees to junior and senior students in recognition of the students’ pursuit of educational goals in good faith reliance on the credibility of the institution. Similarly, in Salorio, supra, despite this Court’s declaration that the Emergency Transportation Tax Act, N.J.S.A 54:8A-1 to -57, was unconstitutional, this Court applied the decision prospectively because of the State’s reliance on the taxing statute as a significant source of revenue contributing to the solution of the State’s fiscal problems. 93 N.J. at 467, 461 A.2d 1100. See also Passaic v. Local Fin. Bd., 88 N.J. 293, 303, 441 A.2d 736 (1982) (<HOLDING>). In other cases, we examined the effect that Options: A. holding that bad faith includes lack of good faith in investigating the facts of a complaint B. holding that despite municipalitys possible lack of good faith in adopting emergency appropriation request in violation of njsa 40a446 court would not review appropriation because expenditures in reliance thereon could not be undone C. holding lack of prejudice to the defendant is not good cause D. holding that while the creditor has the initial burden to produce some evidence of lack of good faith the ultimate burden is on the debtor to prove his good faith E. holding forbearance to sue is a good consideration for a promise founded thereon and it is only essential that the claim be asserted in good faith

assistant: The best answer is B. holding that despite municipalitys possible lack of good faith in adopting emergency appropriation request in violation of njsa 40a446 court would not review appropriation because expenditures in reliance thereon could not be undone
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: right to compete.” 164 N.Y.S.2d at 243. However, in Bradford v. New York Times Co., 501 F.2d 51 (2nd Cir.1974), the Second Circuit stated that in light of subsequent decisions by the Court of Appeals of New York: We do not agree that Kristt represents the law of the state if it be construed to eliminate any inquiry into reasonableness because of some purported doctrine of ‘employee choice.’ The inquiry remains whether or not the restraint was reasonable and the contract was breached. 501 F.2d at 57. Although the Second Circuit in Bradford had apparently interred the much criticized “employee choice” rule, at least three district court decisions within the Second Circuit have since concluded that Kristt remains alive and well. Murphy v. Gutfreund, 583 F.Supp. 957, 962-65 (S.D.N.Y.1984) (<HOLDING>); Diakoff v. American Re-Insurance Co., 492 Options: A. holding injured employee who asked his employer for medical assistance and employer refused and employee then went to physician of his own choice employee could recover medical benefits B. recognizing rule C. holding that res judicata properly barred claims based on an employers decision to terminate an employee because the termination was not a fresh act of discrimination rather it was the same decision not to allow the employee to return to work that the employee had challenged previously D. recognizing the employee choice rule but refusing to apply the rule to noncompetition clause imposed after former employee agreed to work for a competitor E. recognizing that the survivor of a deceased federal employee has no standing to file an eeo complaint on behalf of that former employee but personal representative of deceased employee can be substituted as plaintiff if deceased employee initiated complaint prior to death

assistant: The best answer is D. recognizing the employee choice rule but refusing to apply the rule to noncompetition clause imposed after former employee agreed to work for a competitor
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: purpose. Ibid. We conclude that this matter falls more under the umbrella of Knox, as affirmed by David, than of IF A A PIP carrier who has paid PIP benefits to an insured is entitled to reimbursement of those benefits from the insurance proceeds of the third-party tortfeasor, pursuant to N.J.S.A. 39:6A-9.1, even when the amount of the tortfeasor’s insurance is insufficient to make the insured whole. We reject plaintiffs argument that he is entitled to be made whole before Nationwide receives reimbursement of paid PIP benefits, distinguishing Nationwide’s statutory right of reimbursement from the tortfeasors’ liability carrier from those eases in which a claimant’s reimbursement rights are based on subrogation. See Cirelli v. Ohio Cas. Ins. Co., 72 N.J. 380, 388, 371 A.2d 17 (1977) (<HOLDING>); see also McShane v. N.J. Mfrs. Ins. Co., 375 Options: A. holding under njsa 396a9 the predecessor statute to njsa 396a91 that where a pip carrier was entitled to pursue statutory subrogation for reimbursement of paid pip benefits against the tortfeasors liability carrier such right of recovery was subject to the insureds right to be made whole B. holding that a rule requiring an excess carrier to drop down upon the insolvency of the primary carrier would impermissibly shift the risk of the primary carrier to the excess carrier and would require insurance companies to scrutinize one anothers financial stability before issuing secondary policies C. holding if a workers compensation carrier denies liability for medical expenses of its insured the nofault carrier is bound promptly to pay benefits concerning such expenses under its policy D. holding that carrier was entitled to intervene as of right where the states workers compensation law permitted subrogation of a compensation carrier E. recognizing a breachofduty action by an employee against a workers compensation carrier even though the carrier issued its policy to the employer

assistant: The best answer is A. holding under njsa 396a9 the predecessor statute to njsa 396a91 that where a pip carrier was entitled to pursue statutory subrogation for reimbursement of paid pip benefits against the tortfeasors liability carrier such right of recovery was subject to the insureds right to be made whole
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 Committee may, in its sole discretion, specify that the Participant’s rights, payments, and benefits with respect to any payment of incentive compensation made hereunder shall be subject to reduction, cancellation, forfeiture or recoupment upon the occurrence of certain specified events, in addition to any otherwise applicable vesting or performance conditions of such incentive compensation. Such events may include, but shall not be limited to, termination of employment for cause, termination of the Participant’s provision of services to the Company or any of its Subsidiaries, breach of noncompetition, confidentiality, or other restrictive covenants that may apply to the Participant, or restatement of the Company’s financial statements to reflect adverse results from those previously released financial statements.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in a manner that would call the public’s attention to the alleged wrong.” Ayoub, 927 F.2d at 837. In McKinley v. City of Eloy, 705 F.2d 1110 (9th Cir.1983), the Ninth Circuit held that appellant’s criticism of the city’s decision not to give police officers an annual raise involved a matter of public concern, in part because "plaintiffs speech was specifically and purposefully directed to the public both through city council meetings and a television interview.” McKinley, 705 F.2d at 1114-15. 5 . In a published letter, Kurtz criticized Vickrey’s characterization of the average salary of faculty members, addressing the discrepancy between his salary and the average salary quoted by Vickrey by asking, "where is my $2,000?” Kurtz, 855 F.2d at 725. 6 . See also Ayoub, 927 F.2d at 837 (<HOLDING>). 7 . The letters also suggest that appellants Options: A. holding that the complaints of a public employee about a reorganization plan were on a matter of public concern even though the employee was primarily motivated by the adverse effect of the plan on himself B. holding that the plaintiffs speech was not a matter of public concern because it did not bring to light actual or potential wrongdoing or breach of public trust on the part of the defendant and others C. holding that private complaints by public employee that his responsibilities were being lessened and his recommendations were not being followed were at least for the most part not on a matter of public concern D. holding that the absence of a motivating desire to address a matter of public concern was not dispositive as to whether the speech addressed a matter of public concern E. holding in part that complaints focused on individual compensation do not involve a matter of public concern

assistant: The best answer is E. holding in part that complaints focused on individual compensation do not involve a matter of public concern
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: by submitting a video , you grant vimeo and its affiliates a limited , worldwide , non-exclusive , royalty-free license and right to copy , transmit , distribute , publicly perform and display ( through all media now known or hereafter created ) , and make derivative works from your video for the purpose of ( i ) displaying the video within the vimeo service ; ( ii ) displaying the video on third party websites and applications through a video embed or vimeo 's api subject to your video privacy choices ; ( iii ) allowing other users to play , download , and embed on third party websites the video , subject to your video privacy choices ; ( iii ) promoting the vimeo service , provided that you have made the video publicly available ; and ( iv ) archiving or preserving the video for disputes , legal proceedings , or investigations .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 18.1 you agree to the use of electronic communication in order to enter into contracts , place orders , and create other records and to the electronic delivery of notices , policies and changes thereto and records of transactions with skype .

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: In the event any provision of the Program is held to be illegal or invalid for any reason, such illegality or invalidity shall not affect the remaining parts of the Program, and the Program shall be construed and enforced as if such illegal or invalid provisions had never been included in the Program.

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 legal provision and list the applicable contract clause categories. Provision: Neither this Agreement nor any provision hereof may be changed or modified except by an agreement in writing executed by the Recipient and the Company; provided, however, that any change or modification that does not adversely affect the rights hereunder of the Recipient, as they may exist immediately prior to the effective date of such change or modification, may be adopted by the Committee without an agreement in writing executed by the Recipient, and the Committee shall give the Recipient written notice of such change or modification reasonably promptly following the adoption of such change or modification.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Subsidiaries listed on Schedule 4.14 constitute all the Subsidiaries of the Borrower at the Closing Date (after giving effect to the Merger). Schedule 4.14 sets forth as of the Closing Date the name and jurisdiction of incorporation of each Subsidiary and, as to each Subsidiary, the percentage of each class of Capital Stock owned by any Loan Party and the designation of such Subsidiary as a Restricted Subsidiary or an Unrestricted Subsidiary.

assistant: Subsidiaries
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 representations and warranties of the Borrower set forth in Article III shall be true and correct in all material respects on and as of the date of such Borrowing with the same effect as though made on and as of such date at the time of and immediately after such Borrowing.

assistant: Representations
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 Borrower and its Restricted Subsidiaries has good title in fee simple to, or a valid leasehold interest in, all its material real property located in the United States of America, and good title to, or a valid leasehold interest in, all its other material property located in the United States of America, except those for which the failure to have such good title or such leasehold interest would not be reasonably expected to have a Material Adverse Effect, and none of such real or other property is subject to any Lien, except for Liens permitted hereby (including Permitted Liens). Schedule 5.8 sets forth all fee owned properties of the Loan Parties with a fair market value of over $5,000,000 as of the Closing Date.

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 case excerpt and choose the best holding from the options. Case excerpt: v. Fortis Benefits Ins. Co., 116 F.Supp.2d 937, 950-51 (M.D.Tenn.2000). As other circuits have recognized, the treating physician rule is a standard that was developed in the Social Security context requiring the administrative law judge to give deference to the opinions of a claimant’s treating physician when determining the claimant’s eligibility for benefits. See, e.g., Regula, 266 F.3d at 1139; see also Peabody Coal Co. v. Groves, 277 F.3d 829, 833-35 (6th Cir.2002) (applying the “treating physician presumption” in a Black Lungs Benefit case holding that an AL J may place greater weight on the opinion of a claimant’s treating physician than those of non-treating physicians). Several circuits have adopted the treating physician rule in an ERISA context. Regula, 266 F.3d at 1139 (<HOLDING>); Donaho v. FMC Corp., 74 F.3d 894, 901 (8th Options: A. holding that vicarious liability claim against union based on medical malpractice of treating physician is not preempted by erisa B. holding that erisa benefits are not property of the estate C. holding that an erisa plan administrator is not bound by an ssa disability determination when reviewing a claim for benefits D. holding that where a treating physicians opinion is contradicted by a consulting physician the alj must explain on the record the reasons for rejecting the opinion of the treating physician E. holding as a matter of first impression that the treating physician rule is applicable in the context of a disability benefits determination under erisa

assistant: The best answer is E. holding as a matter of first impression that the treating physician rule is applicable in the context of a disability benefits determination under 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 legal provision and list the applicable contract clause categories. Provision: Subject to Section 16.5 of the Plan, if a Change in Control occurs, all restrictions on the shares of Stock subject to the Option shall lapse and the Option shall become fully vested and exercisable immediately before or simultaneously with the closing of the transaction that will result in the Change in Control and all necessary steps shall be taken to allow any Stock issued in connection with the exercise of the Option to participate in the transaction that result in the Change in Control.

assistant: Change In Control
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: Review As a threshold matter, we note that the judicial review provision contained in the 1998 Appropriations Act eliminated all prudential ripeness concerns. See Raines v. Byrd, 521 U.S. 811, - & n. 3, 117 S.Ct. 2312, 2318 & n. 3, 138 L.Ed.2d 849 (1997). To the extent that the ripeness doctrine has force under Article III, the Supreme Court’s precedents clearly demonstrate that this case is ripe for review. See Abbott Labs. v. Gardner, 387 U.S. 136, 149, 87 S.Ct. 1507, 18 L.Ed.2d 681 (1967). Given the finality of the Department’s decision to utilize statistical sampling as a means to determining the population for the purposes of congressional apportionment in Census 2000, it is clear that ripeness concerns have no applicat o., 473 U.S. 568, 581, 105 S.Ct. 3325, 87 L.Ed.2d 409 (1985) (<HOLDING>). In the instant case, Plaintiffs challenge the Options: A. holding that because a statute was constitutional as applied to the class of cases implicated by the matter before it the court needed to go no further B. holding that district court has no jurisdiction to take further action where there was no remand order C. holding that remand is appropriate in part where the court determines that further evidence is necessary to develop the facts of the case fully D. holding where no further factual development is necessary to further illuminate the legal issues presented ripeness concerns are not implicated E. holding no remand required where no fundamental rights are implicated

assistant: The best answer is D. holding where no further factual development is necessary to further illuminate the legal issues presented ripeness concerns are not implicated
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’s base salary will be at a rate of not less than $650,000 per annum (the “ Base Salary ”). Such Base Salary shall be paid in accordance with the Company’s payroll practices and policies then in effect. The Base Salary shall be subject to periodic review for increases, but in no event shall the Base Salary be decreased.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party agrees to perform such further acts and execute such further documents as are necessary to effectuate the purposes hereof. The Agreement shall be construed, interpreted and enforced in accordance with and governed by the laws of the State of New Jersey. The captions in this Agreement are included for convenience of reference only and in no way define or delimit any of the provisions hereof or otherwise affect their construction or effect. This Agreement may not be changed, waived, discharged or amended except by written instrument that shall make specific reference to this Agreement and which shall be signed by the party against which enforcement of such change, waiver, discharge or amendment is sought. This Agreement may be executed simultaneously in two or more counterparts, each of which taken together shall constitute one and the same instrument.

assistant: Miscellaneous
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: Like Justice Nigro, I find further support for this conclusion in the Superior Court’s decision in Commonwealth v. Shartle, 438 Pa.Super. 403, 652 A.2d 874 (1995). There, the Superior Court found that a defendant was not entitled to credit against her sentence for time spent in a home confinement program from the time of her arrest until her preliminary hearing. The court pointed to the non-custodial nature of a sentence served in one’s home and concluded that it is “not the equivalent of time served in an institutional setting.” Id. at 409, 652 A.2d at 877. Finding the term “custody” in 42 Pa. C.S. § 9760 to be synonymous with the term “imprisonment” in 75 Pa.C.S. § 3731, the Superior Court applied this Court’s holdings in Commonwealth v. Kriston, 527 Pa. 90, 588 A.2d 898 (1991) (<HOLDING>) and Commonwealth v. Conahan, 527 Pa. 199, 589 Options: A. holding notice of informal discovery must be served on opposing counsel to constitute a step in the prosecution B. holding that sentences of imprisonment pursuant to 75 pacs 3731 must be served in institutional settings C. holding sentences need only be below the statutory maximum D. holding that imposition of lengthy sentences did not show prejudice where sentences were warranted by facts shown in the evidence E. holding that bivens defendants must be served as individuals pursuant to rule 4e

assistant: The best answer is B. holding that sentences of imprisonment pursuant to 75 pacs 3731 must be served in institutional settings
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, together with any agreements, documents, and instruments executed and delivered pursuant hereto or in connection herewith, or incorporated herein by reference, contain the entire agreement of the parties hereto and no party shall be bound by anything not expressed in writing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party hereby acknowledges that the rights of each Party to consummate the transactions contemplated hereby are special, unique and of extraordinary character and that, in the event that any Party violates or fails or refuses to perform any covenant or agreement made by it herein, the non-breaching Party may be without an adequate remedy at law. In the event that any Party violates or fails or refuses to perform any covenant or agreement made by such Party herein, the non-breaching Party or Parties may, subject to the terms hereof and in addition to any remedy at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief, in each case without the requirement of posting a bond or proving actual damages.

assistant: Specific Performance
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: B-3 Loans ”) and (ii) use the proceeds of the Term B-3 Loans to repay all or a portion of Term B-1 Dollar Loans outstanding immediately prior to the First Amendment Effective Date (the “ Original Term B-1 Loans ”) and accrued interest thereon and to pay fees and expenses incurred in connection with the foregoing.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we currently provide our services for free , but please be aware that when you use our services you are responsible for your carrier 's rates and fees , such as text messaging and data charges , which apply .

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: Subject to the foregoing restriction on assignment by Executive, this Agreement shall inure to the benefit of and be binding upon each of the parties; the permitted successors and assigns of the Company; and the heirs, devisees, spouses, legal representatives and successors of Executive.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding the provisions of Section 3(a) of this Agreement, this Agreement and Executive’s employment hereunder shall terminate automatically upon Executive’s death and Executive’s rights under this Agreement shall cease as of the date of such termination, except that (i) the Bank shall pay to Executive’s spouse, personal representative, or estate the unpaid portion, if any, of his accrued unpaid Annual Base Salary as of the date of death and any expense reimbursement due to Executive as of his date of death, and (ii) the Bank shall provide to Executive’s dependents any benefits due under the Bank’s employee benefit plans.

assistant: Death
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: abandonment not as a defense to a counterclaim of infringement— as defendant has brought no such claim— but instead as a means to negate the prejudice element of defendant’s laches defense. Wozniak Travel contends as a preliminary matter that Tolkien Enterprises may not raise an abandonment argument on motion for summary judgment because abandonment was not pled as an affirmative defense. However, because Tolkien Enterprises uses abandonment not as an affirmative defense, but to negate an element of the laches defense, affirmative pleading is not required, and the court will consider Tolkien’s argument on the merits. The court finds no cases applying naked licensing to bar a party from defending an infringement claim on the basis of laches, 1013 (N.D.Cal. Aug.10, 2004) (Patel, J.) (<HOLDING>). In First Interstate, abandonment through Options: A. holding in a patent infringement case that plaintiff lacked standing where it held a conditional right to license a patent and enforce license agreements but did not have the right to transfer the patent B. holding that claimant may not pursue infringement claim after issuing naked license C. holding grant of naked license to be a fraud on the public and unlawful D. holding that the government could not be precluded from raising the express license in the instant infringement suit on the basis of the commissioners earlier decision because the commissioner did not have authority under executive order 10096 to consider the express license E. holding that contributory trademark infringement requires some predicate act of infringement

assistant: The best answer is B. holding that claimant may not pursue infringement claim after issuing naked license