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: you understand and agree that we are not responsible or liable for the availability or accuracy of such third-party properties or the content , products or services made available through such properties .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: defendants point to the fact that the Clients expressed their understanding that the Court’s dismissal of the class claims could be appealed at a later time, and the Clients further stated their intent to proceed with the individual claims and appeal the Court’s decision to strike the class claims at the end of litigation, to support their position. (Sanford Declaration ¶ 8.) But as Capitol Specialty points out that the correct standard is the objective, reasonable attorney one, not whether the lawyer in fact had a subjective belief that a malpractice action was probable. See Ross, 420 B.R. at 49 (“whether the [insured , 649 A.2d 291, 294 (D.C.1994) (finding an attorney “has a duty to pay attention to filing deadlines.... ”); O’Neil v. Bergan, 452 A.2d 337, 341-43 (D.C.1982) (<HOLDING>). As such, the Court concludes that the acts or Options: A. holding that allowing the statute of limitations to run on the clients claim is an example of obvious malpractice that does not require expert testimony to establish a standard of care B. holding expert testimony is ordinarily required in legal malpractice cases to establish the standard of care C. holding that negligently allowing a statute of limitations to run does not constitute an ethical violation D. holding that the statute of limitations begins to run on the date the alleged malpractice is discovered E. holding expert testimony not required to defeat summary judgment in medical malpractice suit because defendant doctors admissions were sufficient to establish the standard of care

assistant: The best answer is A. holding that allowing the statute of limitations to run on the clients claim is an example of obvious malpractice that does not require expert testimony to establish a standard of care
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: state compliance with federal law”). 20 . Quern v. Jordan, 440 U.S. 332, 337, 99 S.Ct. 1139, 1143, 59 L.Ed.2d 358 (1979). 21 . Green v. Mansour, 474 U.S. 64, 68, 106 S.Ct. 423, 426, 88 L.Ed.2d 371 (1985). 22 . Edelman v. Jordan, 415 U.S. 651, 677, 94 S.Ct. 1347, 1362, 39 L.Ed.2d 662 (1974). 23 . Seminole Tribe of Florida v. Florida, 517 U.S. 44, 72-74, 116 S.Ct. 1114, 1132, 134 L.Ed.2d 252 (1996). 24 . Id. at 74-76, 116 S.Ct. at 1133. 25 . 517 U.S. at 72, n. 16, 116 S.Ct. at 1131, n. 16. See also, 517 U.S. at 71, n. 14, 116 S.Ct. at 1131, n. 14. 26 . See 11 U.S.C. § 523(a)(8). 27 . Id. at § 523(a)(8)(A). 28 . Id. at § 523(a)(8)(B). 29 . 28 U.S.C. § 1334(b). 30 . See, Schlossberg v. Maryland (In re Creative Goldsmiths of Washington D.C., Inc.), 119 F.3d 1140, 1149 (4th Cir.1997) Options: A. holding that removal to federal court does not waive tribal sovereign immunity B. holding that an act of legislature may be required to waive sovereign immunity C. holding that a state may waive its sovereign immunity D. holding that the ats does not waive the united states sovereign immunity E. holding that the lanham act did not waive states sovereign immunity

assistant: The best answer is B. holding that an act of legislature may be required to waive sovereign immunity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: they would not otherwise be required to discuss. The time spent in those negotiations is itself a concrete injury. Second, the ASPA has shown a sufficient “line of causation” between the City’s actions and this injury. See Allen v. Wright, 468 U.S. 737, 757, 104 S.Ct. 3315, 82 L.Ed.2d 556 (1984), abrogated on other grounds by Lexmark Int’l, Inc. v. Static Control Components, Inc., — U.S. —, 134 S.Ct. 1377, 188 L.Ed.2d 392 (2014). The injuries it claims are directly linked to the City’s conduct: The City has made section 25 a mandatory component of its standard licensing contract for service providers at LAX, and section 25 will force service providers to spend time negotiating about a labor peace agreement. This is a sufficient causal .connection. See Cent. Ariz., 990 F.2d at 1538 (<HOLDING>). Finally, the remedies the ASPA seeks would Options: A. holding that delay caused by or consented to by a defendant is not unreasonable B. holding that immunity is not waived for injury or death caused by negligent supervision C. holding that an injury is not within the scope of employment after the employee has left work unless the injury was caused by the employers negligence D. holding that to the extent compliance with the flsa interferes with the state budgetary process that interference is caused by state law not federal law E. holding that eco nomic injury caused by contractual obligations that stemmed from compliance with a regulation were sufficiently caused by the regulation to support standing

assistant: The best answer is E. holding that eco nomic injury caused by contractual obligations that stemmed from compliance with a regulation were sufficiently caused by the regulation to support standing
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: Stran owns, or has a valid and enforceable license or legal right to use, all intellectual property rights necessary for the performance of the Services without any conflict with, or infringement or misappropriation of, the intellectual property rights of others. To Stran’s knowledge, (i) the conduct of the business of Stran has not interfered with, infringed upon, diluted, misappropriated, or violated, and does not interfere with, infringe upon, dilute, misappropriate or violate, any intellectual property rights of any person, and (ii) Stran has not received any charge, complaint, claim, demand, or notice alleging interference, infringement, dilution, misappropriation, or violation of the intellectual property rights of any person. To Stran’s knowledge, no person has interfered with, infringed upon, diluted, misappropriated, or violated, and is not interfering with, infringing upon, diluting, misappropriating or violating, any Stran intellectual property rights, and Stran has not sent any charge, complaint, claim, demand or notice alleging thereof to any person.

assistant: Intellectual Property
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: Maintain insurance with financially sound and reputable insurance companies against at least such risks and in at least such amounts as are customarily maintained by similar businesses and as may be required by Applicable Law and as are required by any Security Documents. All such insurance shall, (a) name the Collateral Agent as an additional insured party thereunder and (b) in the case of each casualty insurance policy, name the Collateral Agent as lender’s loss payee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts, including facsimile signatures which shall be deemed as original signatures. All executed counterparts shall constitute one agreement, notwithstanding that all signatories are not signatories to the original or the same counterpart. A copy of an executed counterpart signature page signed by a party may be delivered by facsimile or other electronic transmission and, upon such delivery, a print out of the transmitted signature of such party will have the same effect as if a counterpart of this Agreement bearing an original signature of that party had been delivered to the other party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower shall not enter into or permit to exist any transaction with any Affiliate of the Borrower, including any agreement or arrangement for payment of management, consulting of similar fees except for the transactions pursuant to this Agreement and the other Loan Documents and any other transactions which would be permitted by Section 8.2.3 of the Credit Agreement as in effect on the date hereof.

assistant: Transactions With Affiliates
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: are now the exclusive source of evidence law, room remains for Georgia courts to continue long-standing practices that are not affected by the rules, or that leave open room for judicial interpretation. Indeed, for any given common law approach, a potential question exists as to how specifically it must conflict with the revised rules to avoid being overruled.”). 21 Leonard v. State, 275 Ga. App. 667, 668 (621 SE2d 599) (2005) (punctuation omitted); accord Bailey v. State, 261 Ga. App. 291, 292 (2) (582 SE2d 487) (2003). 22 Leonard, 275 Ga. App. at 668 (punctuation omitted); accord Bailey, 261 Ga. App. at 292 (2). 23 Leonard, 275 Ga. App. at 668-69 (punctuation omitted); accord Bailey, 261 Ga. App. at 292 (2). 24 Groves v. State, 162 Ga. 161, 162 (132 SE 769) (1926) (p 551) (1912) (<HOLDING>). 31 State v. Freeman, 264 Ga. 276, 277-78 (444 Options: A. holding that we will overturn the factual findings of the district court only where we have a definite and firm conviction that a mistake has been committed B. holding that our use of the subjunctive in mentioning an argument in passing suggests that we knew that we were not addressing and that we could not address that argument C. holding that verdict reading that we the jury find the defendant guilty of uttering and publishing said deed we further recommend to treat as a misdemeanor was an acquittal D. holding the district courts noconsent finding was not clearly erroneous because the individual felt she was under arrest and had to submit to the patdown search in part based on the officers saying this is what we do we talk to people we search peoples bags we pat search people this is what we do everyday E. holding that the district court correctly instructed the jury that there had to be a substantial similarity between the indictment and the proof in order to find the defendant guilty

assistant: The best answer is C. holding that verdict reading that we the jury find the defendant guilty of uttering and publishing said deed we further recommend to treat as a misdemeanor was an acquittal
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: murder, manslaughter, and negligent homicide. -U.S. at-, 132 S.Ct. at 2048, 182 L.Ed.2d at 941. 12 . In fact, some of the Amici in Blueford sought adoption of a per se rule requiring trial judges to take partial verdicts wherever any unanimity exists as a prerequisite to a finding of manifest necessity as to the remaining counts — in effect, requiring even states that do not permit partial verdicts in certain circumstances to accept them. See, e.g., Brief for the National Association of Criminal Defense Lawyers as Amicus Curiae Supporting Petitioner, Blueford v. Arkansas, - U.S. -, 132 S.Ct. 2044, 182 L.Ed.2d 937 (2012). 13 . The majority of jurisdictions accepting partial verdicts are in accord with this interpretation. See, e.g., Wallace v. Havener, 552 F.2d 721, 723 (6th Cir.1977) (<HOLDING>); Daniels v. Burt, 895 F.Supp. 180, 184 Options: A. holding that the trial court plainly erred in failing to provide a specific unanimity instruction to the jury B. holding that the trial judge did not abuse his discretion in declining to instruct the jury regarding a partial verdict where the judges examination of the tentative verdict sheets revealed no indication of jury unanimity C. holding that the trial judge abused his discretion in not accepting partial verdicts as to counts on which the jury indicated unanimity D. recognizing the range of discretion of the trial judge E. holding that trial judge should have granted new trial rather than judgment notwithstanding the verdict because the judge could not know in what order the jury reached its inconsistent verdicts

assistant: The best answer is C. holding that the trial judge abused his discretion in not accepting partial verdicts as to counts on which the jury indicated unanimity
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 535 U.S. 228 ADAMS ET AL.v.FLORIDA POWER CORP. ET AL. No. 01-584. Supreme Court of the United States. Argued March 20, 2002. Decided April 1, 2002. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Certiorari dismissed. Reported below: 255 F. 3d 1322. John G. Crabtree argued the cause for petitioners. With him on the briefs was Edward L. Scott. Glen D. Nager argued the cause for respondents. With him on the brief were Daniel H. Bromberg, Rodney E. Gaddy, and Nancy F. Reynolds.* PER CURIAM. 1 The writ of certiorari is dismissed as improvidently granted. 2 It is so ordered. Notes: * Briefs ofamici curiae urging reversal were filed for AARP et al. by Laurie A. McCann, Daniel B. Kohrman, Thomas W. Osborne, and Melvin Radowitz; for the Cornell University Chapter of the American Association of University Professors et al. by Michael Evan Gold; and for the National Employment Lawyers Association by Cathy Ventrell-Monsees. Briefs of amici curiae urging affirmance were filed for the Atlantic Legal Foundation by Martin S. Kaufman; for the Chamber of Commerce of the United States by Mark S. Dichter, Stephen A. Bokat, and Joshua A. Ulman; for the Equal Employment Advisory Council by Ann Elizabeth Reesman and Rae T. Vann; and for the Pacific Legal Foundation by John H. Findley. Alfred W. Blumrosen, Ruth G. Blumrosen, Archibald J. Thomas III, and Russell S. Bohn filed a brief for the Academy of Florida Trial Lawyers as amicus curiae.

assistant: 9
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in the SEC Reports, or as set forth in Schedule 4.1(q) , none of the current officers or directors of the Company and, none of the employees of the Company is presently a party to any transaction with the Company (other than for services as employees, officers and directors), including any Contract or other arrangement providing for the furnishing of services to or by, providing for rental of real or personal property to or from, providing for the borrowing of money from or lending of money entity in which any officer, director, or any such employee has a substantial interest or is an officer, director, trustee, stockholder, member or partner.

assistant: Transactions With Affiliates
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: Plan, thus satisfying subsection (a)(10), provided the other requirements of § 1129(b) are met. SASCO has stated it will not vote in favor of the Plan. II. Separate Classification of Claims Classification of claims or interests, as relevant to this case, is covered in § 1122(a), which states: Except as provided in subsection (b) of this section, a plan may place a claim or an interest in a particular class only if such claim or interest is substantially similar to the other claims or interests of such class. Thus, all claims in a single class are required to be substantially similar. By its terms at least it does not preclude a claim which is substantially similar to claims in one class from being separately classified in or as another, . Park Assoc., 987 F.2d 154, 159-60 (3d Cir.1993) (<HOLDING>); Travelers Ins. Co. v. Bryson Properties, Options: A. recognizing district courts power to admit evidence for a limited purpose B. holding that a debtors power to classify claims is limited C. recognizing a distinction between the power of a federal court to hear statelaw claims and the discretionary exercise of that power D. holding that a commission is a body with special and limited power and it can only exercise the power expressly or impliedly granted to it and any reasonable doubt of existence of any power must be resolved against the exercise thereof E. holding that the recognition power is not limited to a determination of the government to be recognized but rather includes the power to take actions without which the power of recognition might be thwarted

assistant: The best answer is B. holding that a debtors power to classify claims is limited
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 Jackson, Georgia, their state habeas petitions are filed in Butts County. 16 . See Turpin, 498 S.E.2d 52; Head v. Ferrell, 274 Ga. 399, 554 S.E.2d 155, 166-67 (2001) (finding no error in state habeas court’s consideration of mental retardation claim under miscarriage of justice exception to procedural default under Turpin); Schofield v. Holsey, 281 Ga. 809, 642 S.E.2d 56, 63 (2007) (finding that petitioner had not established mental retardation, but noting that "the habeas court was correct in considering this new claim, because this Court, under the ‘miscarriage of justice’ exception to the rule of procedural default, has authorized habeas courts to consider alleged mental retardation when the issue was not raised at trial”); Hall v. Lewis, 286 Ga. 767, 692 S.E.2d 580, 593 (2010) (<HOLDING>); see also Rogers v. State, 276 Ga. 67, 575 Options: A. holding that an issue of ineffective assistance of counsel is rendered moot when a defendant receives an illegal sentence B. holding that petitioner did not procedurally default his ineffective assistance of counsel claim by failing to raise it on direct appeal C. holding unappealed finding by habeas court that petitioner was mentally retarded under miscarriage of justice exception to procedural default rendered moot new sentencing trial based upon ineffective assistance of counsel D. holding that ineffective assistance of counsel constitutes cause for procedural default only if counsels performance was constitutionally ineffective E. holding that ives claim of ineffective assistance of trial counsel did not fit within the interests of justice exception

assistant: The best answer is C. holding unappealed finding by habeas court that petitioner was mentally retarded under miscarriage of justice exception to procedural default rendered moot new sentencing trial based upon ineffective assistance of counsel
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (i) The Company has all requisite corporate power and authority to enter into and perform this Agreement, the Note and to consummate the transactions contemplated hereby and thereby and to issue the Securities, in accordance with the terms hereof and thereof, (ii) the execution and delivery of this Agreement, the Note by the Company and the consummation by it of the transactions contemplated hereby and thereby (including without limitation, the issuance of the Note and the issuance and reservation for issuance of the Conversion Shares issuable upon conversion or exercise thereof) have been duly authorized by the Company’s Board of Directors and, , other than the consent to the Increase by the majority of its shareholders, no further consent or authorization of the Company, its Board of Directors, or its shareholders is required, (iii) this Agreement has been duly executed and delivered by the Company by its authorized representative, and such authorized representative is the true and official representative with authority to sign this Agreement and the other documents executed in connection herewith and bind the Company accordingly, and (iv) this Agreement constitutes, and upon execution and delivery by the Company of the Note, each of such instruments will constitute, a legal, valid and binding obligation of the Company enforceable against the Company in accordance with its terms.

assistant: Enforcements
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: Enter into, or permit any of its Subsidiaries to enter into any transaction (including the sale, lease or exchange of Property or the rendering of service), directly or indirectly, with any of its Affiliates other than transactions or arrangements in place as of December 31, 2015 (including contractual obligations in place at such time) or approved by the Bankruptcy Court pursuant to an order in form and substance reasonably satisfactory to the Majority Backstop Lenders.

assistant: Transactions With Affiliates
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: except that necessary to wind up and liquidate its business and affairs under ... IC 23-1-45-5 ....” Pursuant to IC 23-l-45-5(a)(2) and (5), a dissolved corporation is allowed to carry on business appropriate to wind up and liquidating its business and affairs, including "disposing of its properties that will not be distributed in kind to its shareholders” and "doing every other act necessary to wind up and liquidate its business and affairs.” We conclude that the case at bar reasonably falls within the boundaries of permissible activities of a dissolved Indiana corporation, pursuant to IC 23-1-45-5; therefore, we hold that MCM has standing in this suit. See Chicago Title & Trust Co. v. Forty-One Thirty-Six Wilcox Bldg. Corp., 302 U.S. 120, 58 S.Ct. 125, 127, 82 L.Ed. 147 (1937) (<HOLDING>). 5 . § 21-310. Sales in error: (a) When, upon Options: A. holding that the action on the part of the corporation in making payments for so long a period without objection constituted a ratification of the agreement by the corporation B. holding that defendants statement to analysts those countries all continue to do well for us was puffing in part because he omitted any mention of why how under what standard or compared to what those markets were doing well emphasis added C. holding how long and upon what terms a statecreated corporation may continue to exist is a matter exclusively of state power D. holding that claims of corporation vest in corporation E. holding that physician is not required to identify and disclose every chance no matter how remote of the occurrence of every possible birth defect no matter how insignificant

assistant: The best answer is C. holding how long and upon what terms a statecreated corporation may continue to exist is a matter exclusively of state power
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 Notice, this Agreement, and the Option evidenced hereby (a) are made and granted pursuant to the Plan and are in all respects limited by and subject to the terms of the Plan, and (b) constitute the entire agreement between Optionee and the Company on the subject matter hereof and supercede all proposals, written or oral, and all other communications between the parties related to the subject matter. All decisions of the Committee with respect to any question or issue arising under the Notice, this Agreement or the Plan shall be conclusive and binding on all persons having an interest in this Option.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions set forth in this Agreement, at the Closing the Company shall issue and sell to each Investor, and each Investor shall, severally and not jointly, purchase from the Company, the number of Units set forth opposite such Investor’s name on Exhibit A hereto under the heading “Units” for the price set forth opposite such Investor’s name on Exhibit A hereto under the heading “Purchase Price”. The date and time of the Closing and shall be 11:00 a.m., New York City time, on the Closing Date. The Closing shall take place at the offices of the Company Counsel.

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 legal provision and list the applicable contract clause categories. Provision: The obligations of the Borrower under Sections 2.02(b), 2.12, 2.15 and 8.04, and the obligations of the Lenders under Section 7.05, shall survive the repayment of the Advances and the termination of the Commitments. In addition, each representation and warranty made, or deemed to be made by any Notice of Borrowing, herein or pursuant hereto shall survive the making of such representation and warranty, and no Lender shall be deemed to have waived, by reason of making any Advance, any Default or Event of Default that may arise by reason of such representation or warranty proving to have been false or misleading.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of properties served by the town’s water and sewer systems, the minimum rates “help[] to maintain rate stability and insure}] that everyone who benefits from the system helps to defray the fixed costs of delivering the product that do not vary with the level of individual consumption.” This ruling is supported by the evidence. We similarly uphold the trial court’s finding that the $20.00 per quarter availability charge is just, as this finding is also supported by the evidence. See Andrews v. Town, of New London, 117 N.H. 747, 749 (1977) (“absolute mathematical equality” not required). The plaintiffs assertion that equitable rates must be based upon use is belied by the plain language of the statutes themselves, which permit rates to be based upon “some other equitable basis.” See id. (<HOLDING>). His reliance upon Concord Steam Corp. v. City Options: A. holding that residential rate not based upon water usage is reasonable B. holding that under the filed rate doctrine a question regarding reasonable rates should be addressed to the department of insurance and that the rate plaintiff was charged is conclusively presumed reasonable under the filed rate doctrine C. holding that once a rate is filed with the appropriate agency except for review of the agencys orders the courts can assume no right to a different rate on that ground that in its opinion it is the only or the more reasonable rate D. holding that the proper rate for prejudgment interest is the rate fixed by the parties in a contract E. holding that with respect to the eaja the local or national market rate for legal services cannot be a special factor used to increase the rate beyond the statutory rate

assistant: The best answer is A. holding that residential rate not based upon water usage is reasonable
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 UNDERSIGNED IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY LEGAL PROCEEDING ARISING OUT OF THE TRANSACTIONS CONTEMPLATED BY THIS REPURCHASE AGREEMENT.

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 legal provision and list the applicable contract clause categories. Provision: Executive shall not assign or otherwise transfer this Agreement or Executive’s rights or obligations under this Agreement without the prior written consent of an authorized officer of the Company, and any attempted assignment without such consent shall be void and without legal effect. The Company may assign this Agreement to any person or entity succeeding to all or substantially all of the Company’s business, but may not otherwise assign this Agreement to any person or entity other than an affiliate without Executive’s prior written consent. No amounts payable to Executive under this Agreement shall be subject to seizure by legal process by any creditor of Executive.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: At all times prior to the Closing Date or the earlier termination of this Agreement in accordance with its terms, the Company and the Commitment Parties shall consult with each other prior to issuing any press releases (and provide each other a reasonable opportunity to review and comment upon such release) or otherwise making public announcements with respect to the transactions contemplated by this Agreement, it being understood that nothing in this ‎Section 10.12 shall prohibit any Party from filing any motions or other pleadings or documents with the Bankruptcy Court in connection with the Chapter 11 Cases.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All computations of interest for Base Rate Loans (including Base Rate Loans determined by reference to the Eurocurrency Rate) shall be made on the basis of a year of 365 or 366 days, as the case may be, and actual days elapsed. All other computations of fees and interest shall be made on the basis of a 360-day year and actual days elapsed (which results in more fees or interest, as applicable, being paid than if computed on the basis of a 365-day year), or, in the case of interest in respect of Loans denominated in Alternative Currencies as to which market practice differs from the foregoing, in accordance with such market practice. Interest shall accrue on each Loan for the day on which the Loan is made, and shall not accrue on a Loan, or any portion thereof, for the day on which the Loan or such portion is paid, provided that any Loan that is repaid on the same day on which it is made shall, subject to Section 2.11, bear interest for one (1) day. Each determination by the Lender of an interest rate or fee hereunder shall be conclusive and binding for all purposes, absent manifest error.

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 case excerpt and choose the best holding from the options. Case excerpt: have adopted a presumption that the disclosure of a trade secret constitutes an irreparable harm that justifies an injunction. The presumption of irreparable harm is based upon the fact that the disclosure of a trade secret has the potential to. destroy the legal protections afforded to a trade secret if it becomes generally known. See 4 Rosmrt M. Mincrim & Eric E. Bensen, Minazrim on Traps § 15.02[1][c] (20183) (noting that "unprotected disclosure of a trade secret destroys the secret"). Because "of the difficulties involved in valuing the consequences of the destruction of a trade secret," id., some courts have adopted a presumption that the harm associated with an unauthorized disclosure is irreparable, see FMC Corp. v. Taiwan Tainan Giant Indus. Co., 730 F.2d 61, 63 (2d Cir.1984) (<HOLDING>); Kendall Holdings, Ltd. v. Eden Cryogenics Options: A. holding that the loss of money from a bank account does not constitute irreparable harm because that loss can be compensat ed by money damages B. recognizing that customer lists may be protectable trade secrets C. holding that the logs of trade secrets is usually considered an irreparable harm that cannot be measured in money damages alterations in original internal quotation marks omitted D. holding that supplier lists can be trade secrets under indianas uniform trade secrets act which uses the same definition of a trade secret as montana E. holding that the loss of trade secrets cannot be measured in money damages

assistant: The best answer is E. holding that the loss of trade secrets cannot be measured in money damages
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the victim was killed in the parking lot and that he staged her death to look like a sexual assault, the grass which was clutched in the victim’s hand tells another tale — one where she was still struggling for life at the edge of the pond after being sexually assaulted. The jury recommended the death penalty by a vote of twelve to zero. The trial court found such a punishment was appropriate after considering all the evidence and properly weighing the aggravators against the miti-gators. Specifically, the court found four aggravating factors, one statutory miti-gator, and numerous nonstatutory miti-gators. Upon review, we find that the circumstances of this case are similar to other cases in which we have upheld the death penalty. See Orme v. State, 677 So.2d 258, 263 (Fla.1996) (<HOLDING>); Schwab v. State, 636 So.2d 3, 7 (Fla.1994) Options: A. holding the death sentence proportional for the firstdegree murder conviction where the aggravators included prior violent felony conviction and hac B. holding death sentence proportionate where defendant murdered wife and children and trial court found three aggravators previous capital felony ccp and hac and two statutory mitigators extreme disturbance and no prior criminal history C. holding the death sentence proportional for the sexual battery beating and strangulation of victim where there were three statutory aggravators hac pecuniary gain and sexual battery and both statutory mental mitigators D. holding that the defendant could be convicted of sexual battery a lesser crime not included in the offense for which he was indicted where the defendant requested that sexual battery be submitted to the jury E. holding the death sentence proportional for the firstdegree murder conviction where only the hac aggravator was found

assistant: The best answer is C. holding the death sentence proportional for the sexual battery beating and strangulation of victim where there were three statutory aggravators hac pecuniary gain and sexual battery and both statutory mental mitigators
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 provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that neither Borrower nor any other Credit Party may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of Administrative Agent and each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of subsection (b) of this Section , (ii) by way of participation in accordance with the provisions of subsection (d) of this Section , or (iii) by way of pledge or assignment of a security interest subject to the restrictions of subsection (e) of this Section (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in subsection (d) of this Section and, to the extent expressly contemplated hereby, the Related Parties of each of Administrative Agent, the L/C Issuers and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will maintain, with financially sound and reputable insurance companies, insurance in such amounts and against such risks as are customarily maintained by similarly situated companies engaged in the same or similar businesses operating in the same or similar locations (after giving effect to any self-insurance reasonable and customary for similarly situated companies). The Borrower will furnish to the Lender, upon request, information in reasonable detail as to the insurance so maintained.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As soon as available and in any event within 75 days after the end of its fiscal year, copies of the unaudited annual income statement and balance sheet of such Seller, prepared in conformity with GAAP.

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 legal provision and list the applicable contract clause categories. Provision: The Transactions (a) do not require any consent or approval of, registration or filing with, or any other action by, any Governmental Authority, except such as have been obtained or made and are in full force and effect, except with respect to notices which have already been given or where the failure to obtain any of the foregoing would not have a Material Adverse Effect (b) will not violate any applicable law or regulation or the charter, by-laws or other organizational documents any of the Loan Parties or any order of any Governmental Authority, the violation of would have a Material Adverse Effect, (c) will not violate or result in a default under any indenture, agreement or other instrument binding upon any of the Loan Parties or its assets, or give rise to a right thereunder to require any payment to be made by any of the Loan Parties, which would reasonably be expected to have a Material Adverse Effect and (d) will not result in the creation or imposition of any Lien on any asset of the Loan Parties if the breach of the foregoing would reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: None of the officers or directors of the Company or any Subsidiary and, to the knowledge of the Company, none of the employees of the Company or any Subsidiary is presently a party to any transaction with the Company or any Subsidiary (other than for services as employees, officers and directors), including any contract, agreement or other arrangement providing for the furnishing of services to or by, providing for rental of real or personal property to or from, providing for the borrowing of money from or lending of money to or otherwise requiring payments to or from any officer, director or such employee or, to the knowledge of the Company, any entity in which any officer, director, or any such employee has a substantial interest or is an officer, director, trustee, stockholder, member or partner, in each case in excess of $120,000 other than for (i) payment of salary or consulting fees for services rendered, (ii) reimbursement for expenses incurred on behalf of the Company and (iii) other employee benefits, including stock option agreements under any stock option plan of the Company.

assistant: Transactions With Affiliates
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: Acosta argues that the counterclaim fails to sufficiently plead the second and third elements. “If a plaintiff does not allege private facts, the other three elements of the tort need not be reached.” Busse v. Motorola, Inc., 351 Ill.App.3d 67, 72, 286 Ill.Dec. 320, 813 N.E.2d 1013 (3rd Dist.2004). Examples of inherently “private facts” include “a person’s financial, medical, or sexual life, or a peculiarly private fact of an intimate[,] personal nature.” Green v. Chicago Tribune Co., 286 Ill.App.3d 1, 18, 221 Ill.Dec. 342, 675 N.E.2d 249 (1st Dist.1996)(Cahill J., dissenting). In contrast, matters of public record, such as a name, address, date of birth and fact of marriage have been held not to be private facts. See e.g. Busse, 351 Ill.App.3d at 72, 286 Ill.Dec. 320, 813 N.E.2d 1013 (<HOLDING>). A plaintiff must also ■ allege that he Options: A. holding that an evidentiary hearing is not required prior to the termination of social security disability benefits B. holding a social security number is not private C. holding that basic identification data such as name age current address and social security number is not generally subject to miranda D. holding that a social security disability determination is a legal proceeding E. holding social security administration claims manual is not binding agency rule

assistant: The best answer is B. holding a social security number is not private
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: Other than as expressly provided herein (including the permitted assignments described in this Article XVII ), User shall not, without Owner’s prior written consent (which, except as specifically set forth herein, may be withheld in Owner’s sole and absolute discretion), voluntarily or by operation of law assign (which term includes any transfer, sale, encumbering, pledge or other transfer or hypothecation), directly or indirectly, in whole or in part, this Agreement. Any Change of Control of User (or, subject to Section 17.2 below, any transfer of direct or indirect interests in User that results in a Change of Control) shall constitute an assignment of User’s interest in this Agreement within the meaning of this Article XVII and the provisions requiring consent contained herein shall apply thereto. Any assignment or transfer under this Article XVII shall be subject to all applicable Legal Requirements, and no such assignment or transfer shall be effective until any applicable approvals, if applicable, are obtained.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: it is also your responsibility to consult your physician for current recommendations on inoculations before you travel internationally , and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall use commercially reasonable efforts to provide to counsel for CAC (a) drafts of all material motions, applications (other than applications seeking to retain professional advisors), and other documents the Company intends to file with the Bankruptcy Court, no less than three (3) Business Days before the date when the Company intends to file any such document unless such advance notice is impossible or impracticable under the circumstances.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any clause or provision of this Amendment is or should ever be held to be illegal, invalid or unenforceable under any present or future law applicable to the terms hereof, then and in that event, it is the intention of the parties hereto that the remainder of this Amendment shall not be affected thereby, and that in lieu of each such clause or provision of this Amendment that is illegal, invalid or unenforceable, such clause or provision shall be judicially construed and interpreted to be as similar in substance and content to such illegal, invalid or unenforceable clause or provision, as the context thereof would reasonably suggest, so as to thereafter be legal, valid and enforceable.

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: (a) All of the Due Diligence Information provided to the Buyer or to the Buyer's representatives by, for or on behalf of the Seller and/or the Seller Members, is true, correct and complete in all material respects, both as of the date of this Agreement and as of the Closing Date.

assistant: Disclosures