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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the parties hereto hereby irrevocably consents and submits to the jurisdiction of the courts of the Commonwealth of Massachusetts and the United States District Court for the District of Massachusetts in connection with any suit, action or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby, waives any objection to venue in the County of Norfolk, Commonwealth of Massachusetts, or such District, and agrees that service of any summons, complaint, notice or other process relating to such proceeding may be effected in the manner provided by clause (a) (ii) of Section 20.

assistant: Jurisdictions
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: (a) Commitment Fee . The Company agrees to pay to the Administrative Agent for the account of each Lender a commitment fee in Dollars on (i) the amount of such Lender’s Revolving Credit Commitment minus (ii) the aggregate outstanding principal amount of the Revolving Credit Advances made by such Lender from the date hereof in the case of each Lender and, in the case of each Person which becomes a Lender pursuant to Section 2.01(c) or 8.07, from the effective date specified in the Assignment and Assumption or the Additional Commitment Agreement pursuant to which it became a Lender, until the Termination Date applicable to such Lender at the Applicable Commitment Fee Rate, payable quarterly in arrears on the last day of each March, June, September and December during the term hereof and on the latest Extended Termination Date; provided that no Defaulting Lender shall be entitled to receive any commitment fee for any period during which that Lender is a Defaulting Lender (and the Company shall not be required to pay such fee that otherwise would have been required to have been paid to that Defaulting Lender). All computations of the commitment fee shall be based on a year of 360 days.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower and its Subsidiaries have conducted their businesses in compliance in all material respects with the United States Foreign Corrupt Practices Act of 1977, and, to the extent applicable, the UK Bribery Act 2010, and other similar anti-corruption legislation in other jurisdictions, and have instituted and maintained policies and procedures designed to promote and achieve compliance with such laws.

assistant: Anti-Corruption 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: (a) Unless previously terminated, (i) any undrawn Term Loan Commitments shall terminate on the earlier of (x) 5:00 p.m. (Chicago time) on January 22, 2018 and (y) immediately after giving effect to the Second Draw, and (ii) the Revolving Loan Commitments shall terminate on the Maturity Date.

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 case excerpt and choose the best holding from the options. Case excerpt: therefore, the district court abused its discretion in denying his motion for a continuance to submit a written brief regarding the departure issue. We disagree. Beatty received sufficient notice about the departure issue. The presentence investigation report (PSR) included a section entitled “Factors That May Warrant Departure,” which listed the specific factors that could justify an upward departure under U.S.S.G. § 2F1.1 and specifically informed Beatty that “upward departure might be warranted.” (See PSR at 16-17.) We conclude that the PSR provided sufficient information to Beatty about the possibility that the district court might depart upward. See United States v. Andrews, 948 F.2d 448, 449 (8th Cir.1991) (citing Burns v. United States, — U.S.—,—, 111 1017-18 (8th Cir.1990) (<HOLDING>). The district court, however, did not actually Options: A. recognizing potential upward adjustment beyond that provided by guidelines for aggravating role in the offense B. holding government did not breach plea agreement where government provided information to probation department that would support higher base offense level and aggravated role but encouraged court not to consider such information and to calculate base offense level consistent with plea agreement C. holding that a reduction for minor role in an offense cannot be awarded when the larger offense was not taken into account in setting the base level D. holding that defendants concealment of crime does not warrant adjustment for obstruction of justice because commission provided for concealment in base offense level E. holding that arithmetical error that resulted in an increase to a defendants base offense level pursuant to the sentencing guidelines affected his substantial rights even though the resulting sentence was within the range for the correct offense level

assistant: The best answer is D. holding that defendants concealment of crime does not warrant adjustment for obstruction of justice because commission provided for concealment in base offense level
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term, the Executive shall serve as the Chief Executive Officer of the Company with duties, responsibilities and authority commensurate therewith and shall report to the Board of Directors of the Company (the “ Board ”). The Executive shall perform all duties and accept all responsibilities incident to such position as is set forth in the Company’s Guidelines of Corporate Governance (as in effect on the Effective Date or as may be modified thereafter after consultation with the Executive) and as otherwise may be reasonably assigned to the Executive by the Board, consistent with his position as Chief Executive Officer. The Executive will be appointed as a member of the Board effective as of the Employment Date, and the Company shall cause the Executive to be nominated as a member of the Board at each annual meeting of stockholders of the Company during the Term at which the Executive’s Board seat is up for re-election. The Executive represents to the Company that the Executive is not subject to or a party to any employment agreement, non-competition covenant, or other agreement that would be breached by, or prohibit the Executive from executing, this Agreement and performing fully the Executive’s duties and responsibilities hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the provisions of this Article V and Section 6.3 hereof, each Holder shall be entitled to convert, at any time and from time to time, at the option and election of such Holder, any or all outstanding Preferred Shares held by such Holder into such number of shares of Class A Common Stock (or Reference Property) as set out in Section 5.3.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Thus, we reverse that portion of the trial court’s .judgment awarding TTD benefits to the extent that that award violated § 25-5-68(e), and we remand the cause, for the recalculation of those benefits in compliance with the Act based upon the average weekly wage at the time of the incident made the basis of the employee’s claim under, the Act. AFFIRMED IN PART; REVERSED IN PART; AND REMANDED WITH INSTRUCTIONS. Thompson, P.J., and Thomas, Moore, and Donaldson, JJ., concur. 1 . Although the employer filed a mandamus petition on January 26, 2016, which would have been outside the presumptively reasonable time for seeking review of the trial court’s September 16, 2015, ruling via a petition for an extraordinary writ, see Ex parte Troutman Sanders, LLP, 866 So.2d 547, 548-50 (Ala.2003) (<HOLDING>), this court concluded that the judgment Options: A. recognizing that both final and nonfinal orders may be the subject of motions for reconsideration B. holding that successive posttrial motions do not toll the time for appeal C. holding that successive new trial or jnov motions do not toll the time for serving the notice of appeal D. holding that the filing of a motion for reconsideration does not toll the period for seeking judicial review of the underlying order E. holding that motions requesting reconsideration of interlocutory orders do not toll the time for seeking review under rule 21 ala r app p

assistant: The best answer is E. holding that motions requesting reconsideration of interlocutory orders do not toll the time for seeking review under rule 21 ala r app p
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 Collateral Agent, for itself and on behalf of the Secured Party, acknowledges and agrees that compliance with the confidentiality provisions set forth in Section 3.2(b) is essential, and that Company will suffer immediate and irreparable injury and have no adequate remedy at law, if the Collateral Agent or the Secured Party, through acts or omissions, fails to comply with such provisions. Accordingly, in addition to all other rights and remedies of the Company hereunder, the Company shall have the right to seek specific performance of the Collateral Agent’s and the Secured Party’s obligations under such provisions, and any other equitable relief as the Company may deem necessary or appropriate, and the Collateral Agent, for itself and on behalf of the Secured Party, waives any requirement for the posting of a bond in connection with such equitable relief.

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 case excerpt and choose the best holding from the options. Case excerpt: that the California judgment was void because its court had no jurisdiction and that the Superior Court of New Jersey “has sole jurisdiction to make a child custody determination by modification” of the previous decree. The New Jersey court, after hearing argument on the return day, entered a final judgment for the plaintiff. It found the Superior Court of California had properly assumed jurisdiction to make a child custody determination and that the Superior Court of New Jersey did not have jurisdiction. The defendant appealed to the Appellate Division. Finding that the California court did not have subject-matter jurisdiction, the Appellate Division reversed. 187 N.J.Super. 133 (1982). We granted plaintiff’s petition for certification. 93 N.J. 15 (1982). The L.Ed. 1221 (1953) (<HOLDING>); Kovacs v. Brewer, 356 U.S. 604, 78 S.Ct. 963, Options: A. holding evidence insufficient to terminate mothers parental rights under section c because mother made arrangements for adequate support of children evidence showed mother left children with father who maintained steady employment and adequately supported children mother knew that father would provide adequate support and mother left children pursuant to agreed divorce decree B. holding that plaintiffs who had been served and received responses to interrogatories on personal jurisdiction had had such a fair opportunity C. recognizing that the ohio longarm statute does not extend to the limits of due process and focusing the inquiry on whether defendant established sufficient business contacts with ohio D. holding that a maryland court could not exercise jurisdiction over an ohio lawyer when a maryland client initiated five of seven contacts with the lawyer the parties created the attorneyclient relationship in ohio and the attorneyclient relationship involved only events in and the law of ohio E. holding ohio need not give full faith and credit to wisconsin custody judgment because wisconsin did not have personal jurisdiction over mother who was in ohio with children at time process was served wisconsin had been matrimonial domicile and father had remained there

assistant: The best answer is E. holding ohio need not give full faith and credit to wisconsin custody judgment because wisconsin did not have personal jurisdiction over mother who was in ohio with children at time process was served wisconsin had been matrimonial domicile and father had remained there
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: brought against him in a state court “for any act under color of such office.” 28 U.S.C. § 1442(a)(1). The second, by contrast, authorizes “any employee of the [federal] Government” to remove any “civil action or proceeding for money damages” brought against him in a state court for injury to person or property resulting ficom his negligent or wrongful conduct, upon a finding, either administrative or judicial, that he was “acting within the scope of his office or employment at the time of the incident out of which the claim arose.” 28 U.S.C. § 2679(d)(2); see id. § 2679(b)(1). As Wiley points out, he was entitled to have this action remain in federal court if removal jurisdiction existed under either of these two alternative provisions. See Mitchell, 896 F.2d at 131-32 n. 3 (<HOLDING>); Nadler v. Mann, 951 F.2d 301, 306 n. 9 (11th Options: A. holding that review of an original removal decision and a subsequent removal order are distinct B. holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand C. holding that the federal officer removal statute is not narrow or limited D. holding that removal proceedings are in the nature of process and defects in the removal procedures are waivable E. recognizing that 1442a1 provides federal officer named as defendant in a state tort action with a right of removal separate and apart from that provided by the removal provision in the westfall act

assistant: The best answer is E. recognizing that 1442a1 provides federal officer named as defendant in a state tort action with a right of removal separate and apart from that provided by the removal provision in the westfall act
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: § 1158(b)(1)(B)(iii); Xiu Xia Lin, 534 F.3d at 165-66. For example, Singh’s testimony was inconsistent with his parents’ letter regarding the length of his 1999 detention and whether police harassed them at home on hundreds of occasions. In addition, Singh made inconsistent assertions regarding whether or not his mother had been arrested. The agency reasonably declined to credit Singh’s explanations for these discrepancies based on the amount of time he had to correct his application and evidence. See Majidi v. Gonzales, 430 F.3d 77, 81 (2d Cir.2()05). As Singh’s credibility was called into question due to the inconsistences, the agency reasonably relied further on his failure to provide sufficient corroborating evidence. See Biao Yang v. Gonzales, 496 F.3d 268, 273 (2d Cir.2007) (<HOLDING>). The IJ specifically noted the inadequacy of Options: A. holding that when the ij has reason to question an aliens credibility material and easily available corroboration may be required B. holding that an applicants claim of asylum is weakened even undercut when the applicant has returned to the country without incident C. recognizing that an asylum applicants failure to corroborate his testimony may bear on his credibility because the absence of corroboration in general makes an applicant unable to rehabilitate testimony that has already been called into question D. recognizing distinction made in maynard that one accomplices outofcourt statement may corroborate the incourt testimony of another accomplice but outofcourt testimony of a testifying accomplice cannot be used to corroborate his own testimony E. holding that a failure to corroborate ones testimony with supporting evidence cannot form the sole basis for an adverse credibility determination

assistant: The best answer is C. recognizing that an asylum applicants failure to corroborate his testimony may bear on his credibility because the absence of corroboration in general makes an applicant unable to rehabilitate testimony that has already been called into question
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: who proctored the mini-block exam and observed Amaya set forth their observations in detail in separate written statements, and Amaya presented statistical and other evidence to support his explanation that the professors’ observations and their inferences based on their observations were incorrect. The statements of the professors who observed Amaya and the analysis and other evidence presented by Amaya were carefully considered by the members of the SPC. The designated evidence shows that there was at least some evidence in support of the decision of the SPC and Dean Brater that Amaya cheated on the mini-block exam, and we cannot conclude that the decision to dismiss Amaya from IUSM was not based upon substantial evidence or was arbitrary or capricious. See Reilly, 666 N.E.2d at 446 (<HOLDING>). Accordingly, the trial court did not err in Options: A. holding that if no evidence was presented to support the prevailing party there is no evidence upon which to apply the substantial evidence test and therefore the capricious disregard standard applies B. holding that the professors observations of cheating behavior by reilly combined with the statistical analysis of the test results constitutes at least some evidence in support of the committees conclusion that reilly cheated on her final exam and that bjecause the committees determination is supported by the evidence we cannot conclude that the decision to expel reilly was arbitrary or capricious C. holding that even when there is a conflict of evidence before the commission and the evidence was such that the commission could have reasonably reached a contrary decision the commissions decision was not arbitrary and capricious D. holding that evaluations submitted after the committees final decision cannot be considered in determining whether the decision was arbitrary and capricious E. holding that the commissions choice to regulate 527 groups by determining whether they qualified as political action committees on a casebycase basis was neither arbitrary nor capricious

assistant: The best answer is B. holding that the professors observations of cheating behavior by reilly combined with the statistical analysis of the test results constitutes at least some evidence in support of the committees conclusion that reilly cheated on her final exam and that bjecause the committees determination is supported by the evidence we cannot conclude that the decision to expel reilly was arbitrary or capricious
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: (a) Immediately after the consummation of the Transactions to occur on the Effective Date, (i) the fair value of the assets of each Loan Party, at a fair valuation, will exceed its debts and liabilities, subordinated, contingent or otherwise; (ii) the present fair saleable value of the property of each Loan Party will be greater than the amount that will be required to pay the probable liability of its debts and other liabilities, subordinated, contingent or otherwise, as such debts and other liabilities become absolute and matured; (iii) each Loan Party will be able to pay its debts and liabilities, subordinated, contingent or otherwise, as such debts and liabilities become absolute and matured; and (iv) no Loan Party will have unreasonably small capital with which to conduct the business in which it is engaged as such business is now conducted and is proposed to be conducted after the Effective Date.

assistant: Solvency
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: bank and whether they were armed. When the officers encountered Ward and Roller, the suspects were not wearing uniforms and, at first blush, did not appear to have legitimate business within the bank. It was a reasonable assessment from the officers’ perspective to point their weapons at the individuals and to handcuff them in order to lead them out of the bank so that the officers could sweep the bank. Although neither Ward nor Roller attempted to flee the scene or resist the officers’ orders, the offic rule on how long a detention may be before it is transformed into an arrest, instead holding that courts should determine whether, given the totality of the circumstances, the detention was unreasonable. United States v. Sharpe, 470 U.S. 675, 686, 105 S.Ct. 1568, 84 L.Ed.2d 605 (1985) (<HOLDING>). Reasonableness depends on whether “the police Options: A. holding that a seventyfive minute terry stop was reasonable B. holding in the alternative that even if handcuffing a suspect did convert the detention into an arrest the arrest was justified by probable cause C. holding a fourth amendment terry detention is not a custodial arrest and the use of handcuffs does not automatically convert a temporary detention into a fourth amendment arrest D. holding ninety minute detention of luggage awaiting arrival of trained narcotics dog unconstitutional E. holding that 20 minute detention under the circumstances of the ease was not arrest

assistant: The best answer is E. holding that 20 minute detention under the circumstances of the ease was not arrest
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: (a) Liability to Partners . Notwithstanding any other provision of this Agreement, whether express or implied, to the fullest extent permitted by law, no Partner nor any of such Partner’s representatives, agents or advisors nor any partner, member, officer, employee, representative, agent or advisor of the Partnership or any of its Affiliates (individually, a “ Covered Person ” and collectively, the “ Covered Persons ”) shall be liable to the Partnership or any other Partner for any act or omission (in relation to the Partnership, this Agreement, any related document or any transaction or investment contemplated hereby or thereby) taken or omitted by a Covered Person (other than any act or omission constituting Cause), unless there is a final and non-appealable judicial determination and/or determination of an arbitrator that such Covered Person did not act in good faith and in what such Covered Person reasonably believed to be in, or not opposed to, the best interests of the Partnership and within the authority granted to such Covered Person by this Agreement, and, with respect to any criminal act or proceeding, had reasonable cause to believe that such Covered Person’s conduct was unlawful. Each Covered Person shall be entitled to rely in good faith on the advice of legal counsel to the Partnership, accountants and other experts or professional advisors, and no action taken by any Covered Person in reliance on such advice shall in any event subject such person to any liability to any Partner or the Partnership. To the extent that, at law or in equity, a Partner has duties (including fiduciary duties) and liabilities relating thereto to the Partnership or to another Partner, to the fullest extent permitted by law, such Partner acting under this Agreement shall not be liable to the Partnership or to any such other Partner for its good faith reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they expand or restrict the duties and liabilities of a Partner otherwise existing at law or in equity, are agreed by the Partners, to the fullest extent permitted by law, to modify to that extent such other duties and liabilities of such Partner.

assistant: Indemnifications
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: returned may direct that the indictment be kept secret until the defendant is in custody or has been released pending trial. The clerk must then seal the indictment, and no person ■may disclose the indictment’s existence except as necessary-to issue or execute a warrant or summons. There are various purposes for sealing an indictment," including, but not'limited to, protection of potential'witnesses or facilitation of an arrést. United States v. Wright, 343 F.3d 849, 858 (6th Cir.2003); United States v. Srulowitz, 819 F.2d 37, 40 (2nd Cir.1987); see also United States v. DiSalvo, 34 F.3d 1204, 1218 (3rd Cir.1994) (“An indictment may be sealed for any legitimate law enforcement reason or where the public interest requires it.”); United States v. Ellis, 622 F.3d 784, 793 (7th Cir.2010) (<HOLDING>); United States v. Edwards, 777 F.2d 644, Options: A. holding that sealing an indictment for the security of witnesses and to protect against witness tampering was proper B. recognizing statute prohibiting witness intimidation was designed to protect witnesses in federal courts and to prevent a miscarriage of justice by corrupt methods C. holding that the defendants due process rights were violated when the trial judge singled out the only defense witness and indicated to that witness that he expected the witness to he and would personally ensure that the witness was prosecuted for perjury and thereby effectively drove that witness off the stand D. holding that material for witnesses need not be produced to defendant where the witnesses were not called as government witnesses at trial E. holding a failure to object to a witnesses testimony while the witness was on the stand justified overruling a motion for a mistrial made several witnesses later

assistant: The best answer is A. holding that sealing an indictment for the security of witnesses and to protect against witness tampering was proper
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: None of the terms and conditions of this Agreement shall survive the termination of this Agreement, except Sections 6 , 7 , 8(g), 8(h), 10, 11 , 12 , 14(b) and 15 .

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 case excerpt and choose the best holding from the options. Case excerpt: and should not be construed as a contact for the purposes of our analysis. Even if such advertising were a cognizable contact with the forum, it would not be a sufficient ground on which to exercise personal jurisdiction. See Russo v. Sea World of Florida, Inc., 709 F.Supp. 39, 41-42 (D.R.I.1989) (no personal jurisdiction where out-of-state corporation advertised and sold tickets through travel agents in Rhode Island); Donatelli v. National Hockey League, 708 F.Supp. 31, 35 (D.R.I.1989) (televising games, selling merchandise, sending scouts and referees for exhibition games in state insufficient contact for exercise of general jurisdiction over unincorporated association), rev’d on other grounds, 893 F.2d 459 (1st Cir.1990); but see Kim v. Keenan, 71 F.Supp.2d 1228, 1234 (M.D.Fla.1999) (<HOLDING>). Conclusion As the court below observed, the Options: A. holding that although plaintiffs met their burden of establishing personal jurisdiction over their claims for negligent infliction of emotional distress under nc gen stat 17544 the longarm statute did not confer personal jurisdiction over plaintiffs claims for wrongful death and property damage B. recognizing that active internet solicitation is a means for establishing personal jurisdiction C. holding that unlike subject matter jurisdiction personal jurisdiction may be waived D. holding that posting defamatory information on the internet is not sufficient to subject the poster to jurisdiction in each state in which the information is accessed E. holding that personal jurisdiction was lacking when the only contact by defendant with forum state was initiated by plaintiffs counsels paralegal for the sole purpose of establishing personal jurisdiction

assistant: The best answer is B. recognizing that active internet solicitation is a means for establishing personal jurisdiction
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 attorney fees as administrative expense (but fees not granted under facts of case)). As such, the Ninth Circuit has recognized at least in dicta that attorneys’ fees and expenses may be subject to immediate payment under 11 U.S.C. § 365(d)(3). In re Cukierman, 265 F.3d at 852. Although the Ninth Circuit in Cukierman did not ultimately reach the question of attorneys’ fees being part of a lease obligation requiring immediate payment under 11 U.S.C. § 365(d)(3) because the contractual obligation to pay attorney’s fees had not yet arisen at the time the lease was rejected, this court in In re Leather Factory Inc., 475 B.R. 710, 719-720 (Bankr.C.D.Cal.2012) subsequently held that attorneys’ fees payable under a lease are subject to immediate payment under 11 U.S.C. § 365(d)(3). Id. (<HOLDING>). However, 11 U.S.C. § 365(d)(3) applies only Options: A. holding that successful rico defendants may receive attorneys fees under federal rule of civil procedure 11 B. holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees C. holding that plaintiffs are entitled to attorneys fees for time spent litigating the fees issue on appeal under title viis attorneys fee provision D. holding that a landlords attorneys fees are entitled to payment under 11 usc 365d3 E. holding that the party seeking contractual attorneys fees is entitled to a decision on the merits

assistant: The best answer is D. holding that a landlords attorneys fees are entitled to payment under 11 usc 365d3
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: It has the power and authority and legal right to execute and deliver the Loan Documents and to perform its obligations thereunder. The execution and delivery by it of the Loan Documents and the performance of its obligations thereunder have been duly authorized by proper proceedings, and the Loan Documents constitute legal, valid and binding obligations of, respectively, the General Partner or the Borrower enforceable against such entity in accordance with their terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally and general principles of equity.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall use the net proceeds from the sale of the Offering hereunder substantially for the purposes set forth on Schedule 4.9 hereto and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt except as disclosed on Schedule 4.9 (other than payment of trade payables in the ordinary course of the Company’s business and consistent with prior practices and repayment of certain debt as identified and in the amounts set forth on Schedule 4.9 ), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

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: During the Term, Executive shall be employed by the Company as Chief Financial Officer of the Company, and, as such, Executive shall faithfully perform for the Company the duties of said office and shall perform such other duties of an executive, managerial or administrative nature as shall be specified and designated from time to time by the Board of Directors (the “ Board ”) of the Company. Executive shall report to the Chief Executive Officer (the “ CEO ”) of the Company. Executive shall devote substantially all of his business time and effort to the performance of his duties hereunder, except that Executive may devote reasonable time and attention to civic, charitable, business or social activities so long as such activities do not interfere with Executive’s employment duties. Executive shall comply with the policies, standards, and regulations established from time to time by the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: words are used in the same context, we assume that the words have different meanings.” Dereje v. State, 837 N.W.2d 714, 720 (Minn. 2013). Again, “inflict” means “to lay (a blow) on” or “cause (something damaging or painful) to be endured.” Webster’s Third New International Dictionary, supra, at 1160. “[Cjause” means to “bring into existence” or “effect by command, authority, or force.” Id. at 356. Dorn cites a Sixth Circuit case for the notion that the “best” interpretation of “inflict” is “something more precise—and thus something narrower”—than “cause.” United States v. Zabawa, 719 F.3d 555, 560 (6th Cir. 2013). Specifically, Zabawa concluded that “inflict” indicates “a sense of physical immediacy: to cause harm directly, by physical force.” Id. at 560; see, e.g., id. at 559-61 (<HOLDING>); United States v. Jackson, 310 F.3d 554, 557 Options: A. holding that a plaintiff may recover damages for emotional distress caused by observing the negligently inflicted injury of a third person if but only if said plaintiff 1 is closely related to the injury victim 2 is present at the scene of the injury producing event at the time it occurs and is then aware that it is causing injury to the victim and 3 as a result suffers serious emotional distress B. holding that a photograph of the hands of the murder victim tied behind her back was properly admitted because it showed the considerable pain inflicted upon the victim by the defendant C. holding that the injury was inflicted by the defendant when it occurred while the defendant applied force directly to the victims person D. holding that the injury was inflicted by the defendant when it occurred as a result of the defendants combative conduct E. holding that the injury was not inflicted by the defendant when it may have resulted from the actions ie the headbutt of the victim himself

assistant: The best answer is E. holding that the injury was not inflicted by the defendant when it may have resulted from the actions ie the headbutt of the victim himself
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: aff'd, 912 F.2d 464 (4th Cir. 1990). Rather, " 'actual intent’ to defraud must be shown.” Id. See also In re Cushman Bakery, 526 F.2d 23, 32 (1st Cir. 1975) (noting that "[although every preferential payment to a creditor has the effect of hindering or delaying other creditors from collecting their judgments, ... granting a security interest to secure funds with which the debtor intends to pay a preexisting debt does not necessarily imply an intent to 'hinder, delay or defraud creditors’[.]”); Mayo v. Pioneer Bank & Trust Co., 270 F.2d 823, 831 (1959) ("Although a transfer may have the effect of hindering or delaying or defrauding creditors, incidental effect is not enough to satisfy the requirements of actual intent to defraud.”); In re Decker, 295 F.Supp. 501, 515 (W.D.Va.1969) (<HOLDING>), aff’d, 420 F.2d 378 (4th Cir. 1980). 10 . Options: A. holding that the repayment of an antecedent debt constitutes fair consideration B. holding that a preexisting or antecedent debt may constitute sufficient consideration to support a mortgage C. holding that effect of bankruptcy discharge under arizona law is not an extinguishment of the debt but only a bar to enforcement of the debt as a personal obligation of the debtor D. recognizing wellsettled law that a conveyance made in good faith whether for an antecedent debt or a present consideration is not forbidden even though it may have the effect of hindering or delaying creditors by removing from their reach assets of the debtor E. holding that effect of discharge of debt under bankruptcy code is the same as it was under the 1898 bankruptcy act it is not an extinguishment of the debt but only a bar to enforcement of the debt as a personal obligation of the debt or

assistant: The best answer is D. recognizing wellsettled law that a conveyance made in good faith whether for an antecedent debt or a present consideration is not forbidden even though it may have the effect of hindering or delaying creditors by removing from their reach assets of the debtor
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 quarterly and annual financial statements of Borrower and its consolidated subsidiaries heretofore delivered by Borrower to Administrative Agent did not fail to disclose any material liabilities, whether direct or contingent, and fairly presented in all material respects the financial condition of Borrower and its consolidated subsidiaries, as the case may be, in each case as of the date delivered and were prepared in accordance with GAAP. Since December 31, 2016, there has been no development or event that has had or could reasonably be expected to have a Material Adverse Effect.

assistant: Financial Statements
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: cert. denied, 498 U.S. 989, 111 S.Ct. 530, 112 L.Ed.2d 540 (1990) ("We have no trouble finding probable cause to search the trunk of the vehicle for evidence of criminal activity, particularly after the search of its interi- or further corroborated the informant's tip that appellant and his companion were traveling to the Twin Cities to rob a bank.”); United States v. Williams, 526 F.2d 1000, 1002 (6th Cir.1975) (finding probable cause existed to search a vehicle for a weapon because the vehicle matched a detailed broadcast description, the officer saw two occupants reaching toward the floor, a shotgun shell was observed in a trash receptacle, and an apparent kidnapping victim in the car said she had been abducted at gunpoint); United States v. Cage, 494 F.2d 740, 742 (10th Cir.1974) Options: A. holding that patrol officers acting on a police bulletin concerning an assault and possession of a sawedoff shotgun had probable cause to search a car trunk because the vehicles occupants fit the bulletin description and the officers observed a bloody towel in the car B. holding that there was probable cause for arrest where officers knew defendants had recently been with suspected drug dealer officers saw defendants car being maneuvered so as to indicate that surveillance had been detected and when officers approached car defendant attempted to place package under car and then pulled the package back inside the car and closed and locked the car door C. holding that the driver of a car who had permission to use the car had standing to challenge its search D. holding that an officer had probable cause to search bags in the trunk of the car when he opened the trunk and smelled a strong odor of methamphetamine E. holding that injury of plaintiff who was detained in negligently parked patrol car that along with another patrol car was struck by thirdparty vehicle did not arise out of use or operation of patrol car within meaning of ttcas motorvehicle waiver rather patrol car merely furnished condition that made injury possible

assistant: The best answer is A. holding that patrol officers acting on a police bulletin concerning an assault and possession of a sawedoff shotgun had probable cause to search a car trunk because the vehicles occupants fit the bulletin description and the officers observed a bloody towel in the car
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parent and the Borrower shall maintain in effect and enforce policies and procedures designed to ensure compliance by the Parent, the Borrower, their respective Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions.

assistant: Sanctions
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: To request the issuance of a Letter of Credit (or the amendment, renewal (other than an automatic extension in accordance with paragraph (c) of this Section) or extension of an outstanding Letter of Credit), the Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (at least three (3) Business Days in advance of the requested date of issuance, amendment or extension or such shorter period as the Administrative Agent and the Issuing Bank in their sole discretion may agree) a notice in the form of Exhibit D-3 requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended or extended, and specifying the date of issuance, amendment or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, whether such Letter of Credit constitutes a Standby Letter of Credit or a Trade Letter of Credit and such other information as shall be necessary to issue, amend or extend such Letter of Credit. If requested by the applicable Issuing Bank, the Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form and related documents in connection with any request for a Letter of Credit and in connection with any request for a Letter of Credit to be amended, renewed, modified or extended. A Letter of Credit shall be issued, amended or extended only if (and upon issuance, amendment or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment or extension, (i) the Revolving Facility Credit Exposure shall not exceed the applicable Revolving Facility Commitments, (ii) with respect to such Issuing Bank, the sum of the aggregate face amount of Letters of Credit issued by such Issuing Bank, when aggregated with the outstanding Revolving Facility Loans and Swingline Loans funded by such Issuing Bank, shall not exceed its Revolving Facility Commitment and (iii) the Revolving L/C Exposure shall not exceed the applicable Letter of Credit Sublimit.

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: 2006). Subsequently, on February 4, 2004, Mr. Tarrant filed his complaint with this court requesting damages for actions taken by EPA during its removal activities undertaken pursuant to CERCLA. The government responded by moving for a more definite statement under RCFC 12(e), which motion the court granted. Order of Nov. 22, 2004. An amended complaint was filed on November 29, 2005, and the government thereafter filed a motion to dismiss. A hearing was held on May 11, 2006, and the matter is now ready for disposition. ANALYSIS A. Jurisdiction Jurisdiction must be established before a court addresses the merits of a case. Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 88-89, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998); see Hambsch v. United States, 857 F.2d 763, 764 (Fed.Cir.1988) (<HOLDING>). Mr. Tarrant, as the plaintiff, bears the Options: A. recognizing that a federal court is obliged to dismiss a case whenever it appears the court lacks subject matter jurisdiction B. recognizing federal courts duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking C. holding that a federal court is obliged to determine its own jurisdiction for each case D. holding court was obliged to apply its own law despite problems created by lack of uniformity in application of immigration laws E. holding that the law of the case doctrine is not a fixed rule that prevents a federal court from determining the question of its own subject matter jurisdiction in a given case

assistant: The best answer is C. holding that a federal court is obliged to determine its own jurisdiction for each case