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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: did not provide transcripts from the hearing where the order was entered; her appeal only notes the order granting possession to the Trust, and at the sanctions hearings (transcripts of which Crockett did provide) she did not object to the entry of the order, only to the subsequent grant of possession. Even mindful that Crockett is proceeding pro se, we are unable to assess the initial entry of the protective order both because the point is raised for the first time on appeal, and because we have no record by which to evaluate the trial court’s exercise of discretion. See Wallace v. Skadden, Arps, Slate, Meagher & Flom LLP, 799 A.2d 381, 388 (D.C.2002) (arguments not raised below are normally spurned on appeal); Van Durr v. Kator & Scott, Chartered, 788 A.2d 579, 580-81 (D.C.2002) (<HOLDING>); Williams v. Dudley Trust Found., 675 A.2d 45, Options: A. holding a court can restrict future pro se pleadings if it first provides a pro se litigant notice and an opportunity to respond B. holding that a defendant has a right to proceed pro se at trial C. holding petitioners pro se status did not constitute adequate cause for failure to raise claims earlier D. holding defendants pro se motion to reduce sentence was not properly before the trial court when defendant was represented by counsel since defendant may not proceed both by counsel and pro se E. holding that this court was unable to reach alleged errors where pro se appellant did not provide an adequate record

assistant: The best answer is E. holding that this court was unable to reach alleged errors where pro se appellant did not provide an adequate record
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No failure or delay on the part of the Secured Party in the exercise of any power, right or privilege hereunder or under any other Transaction Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights, powers and remedies existing under this Agreement and the other Transaction Documents are cumulative, and not exclusive of, any rights or remedies otherwise available. Any forbearance or failure to exercise, and any delay in exercising, any right, power or remedy hereunder shall not impair any such right, power or remedy or be construed to be a waiver thereof, nor shall it preclude the further exercise of any such right, power or remedy.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company, by action taken by the Committee, may amend the Plan at any time and for any reason, provided that any such amendment shall not reduce the vested Account Balances of any Participant accrued as of the date of any such amendment or restatement (as if the Participant had incurred a voluntary Separation from Service on such date) or reduce any rights of a Participant under the Plan or other Plan features with respect to Deferrals made prior to the date of any such amendment or restatement without the consent of the Participant. The Committee may delegate to the Plan Administrator the authority to amend the Plan without the consent of the Board of Directors for the purpose of: (i) conforming the Plan to the requirements of law; (ii) facilitating the administration of the Plan; (iii) clarifying provisions based on the Plan Administrator’s interpretation of the document; and (iv) making such other amendments as the Committee may authorize.

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: the arbitration provision at issue (the “Distributor Agreement”) to CT and that CT signed the Distributor Agreement and sent it back to SELA. 2. The claims at issue fall within the scope of the arbitration provision in the Distributor Agreement and SELA has not waived its right to arbitrate pursuant to the arbitration provision. 3. CT has not overcome the presumption that the contract that CT signed is a valid and binding agreement to arbitrate. See Thompkins v. Lil' Joe Records, Inc., 476 F.3d 1294, 1305 n. 12 (11th Cir.2007) (quoting Dodge of Winter Park, Inc. v. Morley, 756 So.2d 1085, 1085-86: “Generally, it is enough that the party against whom the contract is sought to be enforced signs it.”); Dodge of Winter Park, Inc. v. Morley, 756 So.2d 1085, 1085-86 (Fla. 5th DCA 2000) (<HOLDING>). 4. Furthermore, the Court finds based on the Options: A. recognizing that generally a nonparty to an arbitration agreement does not have standing to invoke the agreement but considering whether the nonparty could force arbitration because it was a third party beneficiary of the contract a successor in interest to the contracting party or an agent of the contracting party B. holding that a person signing an arbitration agreement using power of attorney is not a party to that agreement merely by virtue of having signed it C. holding a party seeking mandamus must serve the party against whom relief is sought D. holding that an arbitration agreement enforceable against party who signed the agreement even where the other party did not sign it because generally it is enough that the party against whom the contract is sought to be enforced signs it E. holding that the party against whom collateral estoppel is asserted must have been a party to the prior action

assistant: The best answer is D. holding that an arbitration agreement enforceable against party who signed the agreement even where the other party did not sign it because generally it is enough that the party against whom the contract is sought to be enforced signs it
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: 624 A.2d at 1141, and they do not become part of the public record of a case. In light of these unique characteristics, any right of access to PSIs must be evaluated separately from the public’s right to attend sentencing proceedings and inspect documents filed by the parties in those proceedings. See Corbitt, 879 F.2d at 228-29 (public’s right to disclosure of presentence reports must be considered independently of public’s right of access to sentencing hearings). Considering the Caledonian-Record’s request in light of the Press-Enterprise II test, the first prong of that test is not met. Both federal and state courts have repeatedly recognized the confidential nature of PSIs, and have refused to disclose them to third parties. See, e.g., United States v. Julian, 486 U.S. 1, 12 (1988) (<HOLDING>); Corbitt, 879 F.2d at 229-30 (discussing Options: A. holding courts have held that hospitals have a duty to protect its patients from the tortious or criminal actions of third parties due to the special relationship between the hospital and the patient B. recognizing a corporations legal rights to confidentiality and privilege C. recognizing academic privilege but holding plaintiffs need for information outweighed colleges interest in confidentiality D. recognizing need to protect confidentiality of information contained in psis and noting that courts have been very reluctant to disclose them to third parties E. holding there is no duty to third parties on the part of a premises owner who could not have foreseen the criminal acts of third parties

assistant: The best answer is D. recognizing need to protect confidentiality of information contained in psis and noting that courts have been very reluctant to disclose them to third parties
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to maintain a satisfactory level of performance in the administration of his or her office may be subject to disciplinary action....” “[W]e presume that the agency’s decision is correct, and the burden to show otherwise is placed on the party challenging the decision.” Ringer v. Missouri Dept. of Health & Senior Services, 306 S.W.3d 113, 114 (Mo.App.W.D.2010). To sustain this burden, Melkowski must successfully challenge each basis for his termination found by the Board. See Indep. Living Ctr. of Mid MO, Inc. v. Dep’t of Soc. Services, MO HealthNet Div., 391 S.W.3d 52, 58 (Mo.App.W.D.2013) (appellant’s failure to challenge the alternative violations found by the agency is fatal to its appeal); City of Peculiar v. Hunt Martin Materials, LLC, 274 S.W.3d 588, 590-91 (Mo.App.W.D.2009) (<HOLDING>); Houston v. Roadway Express, Inc., 133 S.W.3d Options: A. holding that summary judgment must be affirmed where multiple grounds are asserted and the appellant does not attack all grounds on appeal B. holding that the statement of specific grounds in a motion for a new trial waives all other grounds not specified C. holding that to establish grounds for reversal an appellant must challenge all grounds on which the trial court ruled against it D. holding that erroneous findings of fact not necessary to support the judgment of the court are not grounds for reversal E. holding that where specific grounds for an objection are stated at trial all other grounds are waived and will not be considered for the first time on appeal

assistant: The best answer is C. holding that to establish grounds for reversal an appellant must challenge all grounds on which the trial court ruled against it
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 sets forth the entire agreement and understanding between the Company and me relating to its subject matter and merges all prior discussions between us. No amendment to this Agreement will be effective unless in writing signed by both parties to this Agreement. The Company shall not be deemed hereby to have waived any rights or remedies it may have in law or equity, nor to have given any authorizations or waived any of its rights under this Agreement, unless, and only to the extent, it does so by a specific writing signed by a duly authorized officer of the Company, it being understood that, even if I am an officer of the Company, I will not have authority to give any such authorizations or waivers for the Company under this Agreement without specific approval by the Board of Directors. Any subsequent change or changes in my duties, obligations, rights or compensation will not affect the validity or scope of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS THIRD AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall file a Current Report on Form 8-K, including this Agreement as an exhibit hereto, with the Commission, within four business days of the execution of this Agreement. From and after the filing of the Form 8-K, the Company represents to the Investor that it shall have publicly disclosed all material, non-public information delivered to the Investor by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. In addition, effective upon the issuance of the Form 8-K, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, agents, employees or Affiliates on the one hand, and any of the Investors or any of their Affiliates on the other hand, shall terminate. The Company shall not publicly disclose the name of the Investor, or include the name of the Investor in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of the Investor, except (a) as required by federal securities laws and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Investor with prior notice of such disclosure permitted under this clause (b). No claim will be made or enforced by the Company or, with the consent of the Company, any other Person, that the Investor is an “ Acquiring Person ” under any control share acquisition, business combination, poison pill (including any distribution under a rights agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that the Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares under the Transaction Documents or under any other agreement between the Company and the Investors.

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: Any term or provision of this Agreement that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction. If the final judgment of a court or arbitrator of competent jurisdiction declares that any term or provision hereof is invalid or unenforceable, the parties hereto agree that the court or arbitrator making such determination shall have the power to limit the term or provision, to delete specific words or phrases, or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement shall be enforceable as so modified. In the event such court or arbitrator does not exercise the power granted to it in the prior sentence, the parties hereto agree to replace such invalid or unenforceable term or provision with a valid and enforceable term or provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable term.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: security software and download and use Zango, there is no question that Kaspersky has “made available” for its users the technical means to restrict access to items that Kaspersky has defined as malware. Therefore, Kaspersky satisfies the requirements of subsection (B) so long as the blocked items are objectionable material under § 230(c)(2)(A). Zango has waived any argument on appeal that Kaspersky does not consider Zango’s software to be “otherwise objectionable,” which is one of the specified statutory categories. See § 230(c)(2)(A), (B). Zango also suggests that § 230 was not meant to immunize business torts of the sort it presses. However, we have interpreted § 230 immunity to cover business torts. See Perfect 10, Inc. v. CCBill, LLC, 488 F.3d 1102, 1108, 1118-19 (9th Cir.2007) (<HOLDING>). In any event, what § 230(c)(2)(B) does mean Options: A. holding that the federal cigarette labeling and advertising act did not preempt state law damages actions B. holding that cda 230 provided immunity from state unfair competition and false advertising actions C. holding that while under a false association claim parties need not be direct competitors under a false advertising claim they do D. holding in a false advertising case under the lanham act that a proposed disclaimer would not suffice to cure the misleadingness of an advertising claim E. holding that both lanham act false advertising claim and a false advertising claim made under section 349 or section 350 require a showing that the advertisement was false or misleading

assistant: The best answer is B. holding that cda 230 provided immunity from state unfair competition and false advertising actions
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 proceeds of the Term Loans shall be used (a) to pay a portion of the Purchase Price payable pursuant to the IWCO Acquisition Documents, (b) to pay fees and expenses in connection with the transactions contemplated hereby and under the IWCO Acquisition Documents, (c) to repay certain existing indebtedness of the Borrower and its Subsidiaries and (d) for general working capital purposes of the Loan Parties and certain of their subsidiaries. The proceeds of any Revolving Loans made after the Effective Date shall be used for general working capital and other corporate purposes of the Loan Parties.

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: Any notice or other communication to any party in connection with this Indenture shall be in writing and shall be sent by manual delivery, electronic transm ission, facsimile transmission, overnight courier or United States mail (postage prepaid) addressed to such party at the address specified in Part III of Appendix A.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: filed this action in federal district court. Allen named as defendants the Casino, the Tribe, Mattie Mayhew, and John Does 1 thru 300, against whom he asserted various employment, civil rights, and conspiracy claims. The magistrate judge recommended that the claims against the Tribe be dismissed on the ground of sovereign immunity. The magistrate judge assumed without analysis that the Tribe’s immunity extended to the Casino. The magistrate judge found that the only remaining claim was for false accusations against Mayhew. He recommended dismissal for lack of subject matter jurisdiction because this was a non-federal claim. The district court adopted these recommendations and dismissed all claims. On appeal, Allen, who is now represented by counse 4th 632, 642, 84 Cal.Rptr.2d 65 (1999) (<HOLDING>). The question is not whether the activity may Options: A. recognizing sovereign immunity of forprofit corporation formed by a tribe to operate the tribes casino B. holding that a casino that functioned as an arm of the tribe enjoyed tribal immunity C. holding that offreservation casino owned and operated by tribe was arm of the tribe and therefore was entitled to sovereign immunity D. holding that by engaging in gaming tribe waives sovereign immunity for narrow purpose of determining tribes compliance with the igra E. recognizing that tribal sovereign immunity extends to agencies and subdivisions of the tribe

assistant: The best answer is A. recognizing sovereign immunity of forprofit corporation formed by a tribe to operate the tribes casino
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 final. We disagree because not all written orders are final. See Smith v. Love, 101 N.M. 355, 356, 683 P.2d 37, 38 (1984); State v. Durant, 2000-NMCA-066, 129 N.M. 345, 7 P.3d 495; Levenson v. Haynes, 1997-NMCA-020, ¶ 10, 123 N.M. 106, 934 P.2d 300 (describing a written order as interlocutory and subject to modification or reconsideration by the trial court); High Ridge Hinkle Joint Venture v. City of Albuquerque, 119 N.M. 29, 37, 888 P.2d 475, 483 (Ct.App.1994) (stating that a letter is a non-final order or judgment, and that final orders must be formal and contain decretal language). Defendant’s logic that the order must be final because it is in writing is strained in this case, where the written document clearly indicates on its face that the proceedings a 8, 984 P.2d 775 (<HOLDING>). {25} Defendant also makes no argument why Options: A. holding that the trial courts oral pronouncement must conform to the written judgment B. holding that oral discharge of jury terminated jeopardy C. holding that oral declarations of mistrial which discharge the jury are unlike other oral decisions by the trial court which are not binding and are subject to change until a final written order or judgment is entered D. holding that decisions by prior panels are binding E. holding that written judgment controlled over oral pronouncement

assistant: The best answer is C. holding that oral declarations of mistrial which discharge the jury are unlike other oral decisions by the trial court which are not binding and are subject to change until a final written order or judgment is entered
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 term of employment under this Agreement (the “Employment Period”) shall commence on December 1, 2017 and terminate on December 1, 2020, unless earlier terminated pursuant to the termination provisions set forth herein or extended for successive one-year periods outlined below in this paragraph. Notwithstanding anything to the contrary herein, the parties acknowledge and agree that the Company may only terminate Executive’s employment for Due Cause (as hereinafter defined). At the end of the Employment Period, this Agreement will be automatically renewed for successive one-year terms unless either the Executive or Company shall, upon three months written notice to the other, elect not to renew this Agreement for any year. Non-renewal of the Agreement by either shall be deemed a termination pursuant to section 3.5 and shall be subject to the severance compensation provisions related to termination under that Section.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: relevant at all. Petitioner did not demonstrate any connection or nexus between Donorvitch and the subject burglary or grand theft. Nor did he specify the way in which Donorvitch more closely resembled the robber’s description. Petitioner had met Donorvitch in the Pompano Jail, but we have no record indication of whether Donorvitch was in fact in jail at the time of the crime’s commission. We cannot be sure that Donorvitch actually lived in the neighborhood of the crime scene or had looks similar to the description of the robber given to the police, for the sole source of this information was the Petitioner himself and there was no independently reliable corroboration. See Ferreira v. Fair, 732 F.2d 245, 248 (1st Cir.), cert. denied, 469 U.S. 1017, 105 S.Ct. 430, 83 L.Ed.2d 356 (1984) (<HOLDING>)-, cf. Chambers v. Mississippi, 410 U.S. 284, Options: A. holding there to be no due process violation where excluded testimony bore none of the indicia of substantial trustworthiness that were crucial in chambers B. holding that in similar factual situation no due process violation occurred C. holding hearing in chambers was not per se a violation of due process D. holding that due process guarantees were not violated where a defendant was excluded from a witness competency hearing and noting that the hearing did not concern the witnesses substantive testimony E. holding that there is no due process right to appellate review

assistant: The best answer is A. holding there to be no due process violation where excluded testimony bore none of the indicia of substantial trustworthiness that were crucial in chambers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice hereunder to the Company must be addressed to: MGM Resorts International, 3600 Las Vegas Boulevard South, Las Vegas, Nevada 89109, Attention: 2005 Omnibus Incentive Plan Administrator, and any notice hereunder to the Participant must be addressed to the Participant at the Participant’s last address on the records of the Company, subject to the right of either party to designate at any time hereafter in writing some other address. Any notice shall be deemed to have been duly given on personal delivery or three (3) days after being sent in a properly sealed envelope, addressed as set forth above, and deposited (with first class postage prepaid) in the United States mail.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, and all counterparts shall constitute but one and the same document. Any provision in any Loan Document that is held to be inoperative, unenforceable, or invalid in any jurisdiction shall, as to that jurisdiction, be inoperative, unenforceable, or invalid without affecting the remaining provisions in that jurisdiction or the operation, enforceability, or validity of that provision in any other jurisdiction, and to this end the provisions of all Loan Documents are declared to be severable. This Agreement shall be construed in accordance with the internal laws (without regard to conflicts of law provisions) of the State of California, but giving effect to federal laws applicable to national banks.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of the Executive's death while employed hereunder, and subject to Section 6(g), the Executive's beneficiary (or such other person(s) specified by will or the laws of descent and distribution) shall be entitled to receive a lump-sum payment in an amount equal to three months' Base Salary in effect as of the Termination Date (less applicable withholding taxes), which amount shall be payable in a single lump sum on the first payroll date that is at least 60 days following the Termination Date (but, in any event, by no later than March 15 of the calendar year immediately following the calendar year that includes the Termination Date), in accordance with Section 13(b)(ii).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: it does not purport to bar an action against a bank. Rather, it simply precludes a customer from asserting a forgery or alteration against the bank if the customer has failed to discover and report the forgery or alteration to the bank. Id. Section 4406 codifies and adds specificity to duties that have long been imposed upon a customer with respect to a payor bank, which is the depositor’s own bank. Id. This statute imposes a duty on a customer to examine a bank statement (if the bank provides one) to determine that “items paid” are properly charged against the customer’s account. See § 4406(a); Edward Fineman Co. v. Superior Court, 66 Cal.App.4th 1110, 78 Cal.Rptr.2d 478, 482-83 (1998); Story Road Flea Market v. Wells Fargo Bank, 42 Cal.App.4th 1733, 50 Cal.Rptr.2d 524 (1996) (<HOLDING>); Roy Supply, 46 Cal.Rptr.2d at 317; Sun‘n Options: A. holding that a bank customer did not have a reasonable expectation of privacy in records maintained by the bank B. holding that an insurance company may have assumed a duty to defend a customer against a tort claim falling outside the scope of the customers insurance contract where a claims person told the customer over the telephone that the insurer would take care of it and the insurer shortly thereafter hired a lawyer to represent the customer C. holding that murder committed by customer was not foreseeable result of excessive sale of alcohol to customer D. holding under pre1990 version of 4406f that it precluded the customer from asserting that certain checks were forged because the customer failed to discover the forgeries and notify the bank timely E. holding a bank officer who informed a third party that it would be safe to extend 8000 credit to bank customer although customer did not have an open account at the bank could be held liable for the material misrepresentation

assistant: The best answer is D. holding under pre1990 version of 4406f that it precluded the customer from asserting that certain checks were forged because the customer failed to discover the forgeries and notify the bank timely
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: From and after the Assignment Effective Date, the [Term] [Revolving] Facility Agent shall make all payments in respect of the Assigned Interest (including payments of principal, interest, fees and other amounts) to the Assignor for amounts that have accrued to but excluding the Assignment Effective Date and to the Assignee for amounts that have accrued from and after the Assignment Effective Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: UNLESS EXPRESSLY PROVIDED IN ANY LOAN DOCUMENT, THIS AGREEMENT, THE OTHER LOAN DOCUMENTS AND ALL CLAIMS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PRINCIPLES EXCEPT FEDERAL LAWS RELATING TO NATIONAL BANKS.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If, at the time of a Change in Control, the Employee was covered by an Indemnity Agreement and/or Directors’ and Officers’ Insurance (D & O) coverage, then the Indemnity Agreement and D & O coverage shall continue in full force and effect throughout the Protection Period, and beyond the Protection Period, with respect to claims arising out of acts or omissions of the Employee prior to a Change in Control. If, following a Change in Control, Company or the Successor Employer adopts substitute Indemnity Agreements, and/or D & O coverage, for employees having substantially the same authority, duties, and responsibilities as Employee, then Employee shall be entitled to receive the benefit of such protection with respect to claims arising from acts or omissions of Employee following a Change in Control. Payment for expenses to be reimbursed under this Section 8(c) shall be made in accordance with the time specified under the Indemnity Agreement or D & O coverage, but in no event later than by December 31 st of the year next following the year in which the expense was incurred.

assistant: Indemnity
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: grant by Judge Ryan. The trial court found otherwise. This claim has not been resurrected on appeal. 7 . St. Clair’s argument that extreme wantonness is equal to intentional conduct is simply incorrect. While intentional homicides are treated the same as aggravatedly wanton homicides — both being murder — for purposes of determining a defendant’s culpability, that does not mean that the mental states are the same. 8 . Roark went on to say, however, that the fact that the defendant murdered the kidnapping victim could be used to satisfy the require ment of proving a statutory aggravating circumstance under KRS 532.025. That conclusion is questionable in light of this Court's reading of that statute in St. Clair's most recent appeal. See St. Clair Bullitt II, 451 S.W.3d at 643, 649-50, (<HOLDING>). More importantly, for purposes of the Options: A. holding that if the imposition of the death penalty depends on the existence of aggravating factors a jury must find those factors beyond a reasonable doubt B. holding that jury must find one of the eight listed statutory aggravators before imposing death C. holding that only one statutory basis is required to find a child in need of aid D. holding that to find negligence jury need not find violation of federal motorcarrier regulation E. holding the death sentence proportional for the firstdegree murder conviction where the aggravators included prior violent felony conviction and hac

assistant: The best answer is B. holding that jury must find one of the eight listed statutory aggravators before imposing death
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or other incriminating evidence inadvertently found during the execution of the warrant, it is abundantly clear from the testimony of Martin, as well as the testimony of Wilson and Cowart, that there was a wholesale seizure of Foster’s property amounting to a fishing expedition for the discovery of incriminating evidence. In fact, upon cross-examination by defense counsel, Martin admitted that the officers “took anything of value” and that this was standard procedure in the execution of a Se-quoyah County search warrant. Other than the readily observable firearms, marijuana, and assorted contraband (primarily listed on page three of the she t this court must determine whether the execution of the search warrant was reasonable under the Fourth Amendment. See Callwood, 66 F.3d at 1112 (<HOLDING>). It is beyond dispute, based on the facts as Options: A. holding that a court of appeals should review de novo a district courts determination of state law B. recognizing de novo standard of review C. holding the ultimate question of probable cause should be reviewed de novo D. holding that review of the construction of a sentencing statute is de novo E. holding that this court should review de novo ultimate determination of reasonableness of search under fourth amendment

assistant: The best answer is E. holding that this court should review de novo ultimate determination of reasonableness of search under fourth amendment
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: Headings at the beginning of each article and section are solely for the convenience of the parties and are not a part of this Agreement. Whenever required by the context of this Agreement, the singular will include the plural and the masculine will include the feminine and vice versa. This Agreement will not be construed as if it had been prepared by one of the parties, but rather as if both parties had prepared the same. All exhibits and schedules referred to in this Agreement are attached and incorporated by this reference, and any capitalized term used in any exhibit or schedule which is not defined in such exhibit or schedule will have the meaning attributable to such term in the body of this Agreement. In the event the date on which Purchaser or Sellers are required to take any action under the terms of this Agreement is not a Business Day, the action will be taken on the next succeeding Business Day.

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 case excerpt and choose the best holding from the options. Case excerpt: environment during these separate periods of time.” Id. In contrast, neither Byars nor the Coca-Cola Defendants sought summary judgment on the issue of Byars’ entitlement to benefits under the “any occupation” definition. Thus, the district court granted summary judgment to the Coca-Cola Defendants on a claim for which they had not sought summary judgment. Although a court may sua sponte grant summary judgment on a claim not presented in a summary judgment motion, the court is required to give notice to the parties that it intends to address the claim on summary judgment. Here, the district court provided no notice that it intended to rule on the “any occupation” definition of disability. This was error. See Imaging Bus. Machs., LLC v. BancTec, Inc., 459 F.3d 1186, 1191 (11th Cir.2006) (<HOLDING>); Massey v. Cong. Life Ins. Co., 116 F.3d 1414, Options: A. holding that district courts sua sponte grant of summary judgment to nonmoving party is an accepted method of expediting litigation B. holding that in admitting evidence the failure of the trial court to give a limiting instruction sua sponte is not reversible error C. holding that a court may sua sponte take judicial notice of its docket D. holding that a court can raise the issue of res judicata sua sponte in order to affirm a grant of summary judgment E. holding that sua sponte grant of summary judgment without notice to the parties constitutes reversible error

assistant: The best answer is E. holding that sua sponte grant of summary judgment without notice to the parties constitutes reversible error
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 a Participant’s employment terminates by reason of the Participant’s death after a Change in Control, all Accrued Obligations as of the time of death shall be paid to the Participant’s estate or beneficiary, as applicable, in a lump sum in cash in accordance with Section 6.1 of the Plan. The Participant’s estate or beneficiary shall be entitled to any Other Benefits in accordance with their terms. The treatment of Prior Equity Awards shall be governed by the terms of the Long-Term Incentive Plan and the related award agreements.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Second Amendment, including any exhibits attached hereto and any agreements referenced herein or therein, is deemed fully integrated and contains the entire agreement of the parties hereto with respect to the matters covered thereby. Except as set forth in the Lease (and any related guaranty) as amended hereby, no other agreement, statement or promise made by any party hereto, or to any employee or agent of any party hereto, which is not contained herein, shall be binding or valid. All prior or contemporaneous agreements or writing between or among the parties are specifically merged into this Second Amendment. This Second Amendment may not be amended, modified or supplemented except by written instrument fully executed and delivered by Landlord and Tenant.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to avail themselves of existing procedures that has foreclosed their claims presented here. Alternatively, plaintiffs claim that availing themselves of the existing procedures would have been futile because, once the government initiates the eminent domain process, Connecticut law does not allow for a valuation of the property that includes a decline in property value occasioned by pre-eminent domain activities of the government. (See Dkt. #22 at 3-4.) This argument is not persuasive for two reasons. First, plaintiffs do not present facts indicating that they even attempted to raise the issue during the eminent domain process. Second, plaintiffs interpretation of Connecticut law has recently been disavowed. See Albahary v. City of Bristol, 276 Conn. 426, 436, 886 A.2d 802 (2005) (<HOLDING>). Therefore, there is no basis to conclude Options: A. holding that the constitutional level of punitive damages is not a finding of fact that must be determined by the jury it may be determined de novo by the court B. holding before huffman was decided that younger abstention was inapplicable to an eminent domain proceeding C. holding that the appellate court properly determined that generally under principles of inverse condemnation a property owner may seek compensation in an eminent domain proceeding for pretaking damages caused by the condemnor D. holding that an eminent domain action that ended with a stipulated final judgment was not a supplemental proceeding E. holding that a workers compensation proceeding is a legal proceeding

assistant: The best answer is C. holding that the appellate court properly determined that generally under principles of inverse condemnation a property owner may seek compensation in an eminent domain proceeding for pretaking damages caused by the condemnor
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: Litig., 503 F.Supp.2d 666, 678 (S.D.N.Y.2007) ("In each of the cases in which the Second Circuit has employed a materialization of the risk analysis, it has considered a particular risk that was allegedly concealed by the defendant’s actions and which then materialized to cause a market loss.”) (citing cases). 85 . Catton, 2006 WL 27470, at *5 (quoting In re IPO, 2005 WL 1529659, at *6). Accord Lentell, 396 F.3d at 175 n. 4 (noting that corrective disclosures "reveal to the market the falsity of the prior [statements]”). 86 . In re eSpeed, Inc. Sec. Litig., 457 F.Supp.2d 266, 297 (S.D.N.Y.2006) (citations omitted). 87 . In re Winstar Commc'ns, Nos. 01 Civ. 3014, 01 Civ. 11522, 2006 WL 473885, at *14 (S.D.N.Y. Feb.27, 2006). 88 . 544 U.S. at 342-43, 125 S.Ct. 1627 (emphasis in original) (<HOLDING>). 89 . Miles I, 471 F.3d at 43 (quoting DeMaria Options: A. holding that loss of an arm includes loss of the hand B. holding that the basic elements of section 10b and rule 10b5 claims are 1 a material misrepresentation or omission 2 scienter ie a wrongful state of mind 3 a connection with the purchase or sale of a security 4 reliance often referred to in cases involving public securities markets fraudonthemarket cases as transaction causation 5 economic loss and 6 loss causation ie a causal connection between the material misrepresentation and the loss internal citations omitted C. holding that securities fraud plaintiffs do not have to prove loss causation to obtain class certification D. holding that plaintiffs failed to plead loss causation where their only allegation was the payment of artificially inflated prices for defendants securities and their complaint failed to provide defendants with notice of what plaintiffs relevant economic loss might be or of what the causal connection might be between that loss and the alleged misrepresentation at issue E. holding that the loss of a contract failed to constitute ascertainable loss under cutpa

assistant: The best answer is D. holding that plaintiffs failed to plead loss causation where their only allegation was the payment of artificially inflated prices for defendants securities and their complaint failed to provide defendants with notice of what plaintiffs relevant economic loss might be or of what the causal connection might be between that loss and the alleged misrepresentation at issue
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: E.D. 1995). "The final judgment for purposes of appeal in a garnishment case is the order directing the court clerk to pay out the garnished funds or property to the judgment creditor.” Derleth v. Derleth, 432 S.W.3d 771, 776 n.4 (Mo. App. W.D. 2014). [A]n order overruling a motion to quash an execution of a garnishment is a special order after a final judgment in a case, which is independently appealable under § 512.020. Id. Upon review of Appellant’s motion, we conclude that it was actually a motion to quash an execution of a garnishment and refer to it as such. 6 . RSMo Cum, Supp. 2003. 7 . RSMo Cum. Supp. 1949. 8 . The standard of review for a motion court’s judgment on a motion for satisfaction is the same standard. Medlin v. RLC, Inc., 467 S.W.3d 865, 867 (Mo. App. S.D. 2015) (<HOLDING>) (citing Murphy v. Carron, 536 S.W.2d 30, 32 Options: A. holding appellate courts will affirm the orders of the trial court unless there is no substantial evidence they are against the weight of the evidence or they erroneously declare or apply the law B. holding that when competent substantial evidence supports a trial courts ruling the appellate court will not secondguess the trial court C. holding that in judgetried cases the judgment will be affirmed unless it is not supported by substantial evidence is against the weight of the evidence or erroneously declares or applies the law D. holding unchallenged findings of fact are binding on an appellate court unless the contrary is established as a matter of law or there is no evidence to support the finding E. holding that the trial courts damages award was against the manifest weight of the evidence because it was based upon inadmissible evidence

assistant: The best answer is A. holding appellate courts will affirm the orders of the trial court unless there is no substantial evidence they are against the weight of the evidence or they erroneously declare or apply the law