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

user: Read the legal provision and list the applicable contract clause categories. Provision: Whenever the context so requires, the neuter gender includes the masculine and feminine, the singular number includes the plural, and vice versa. The words “include,” “includes” and “including” shall in any event be deemed to be followed by the phrase “without limitation.” All references in this Agreement to “this Agreement”, “herein”, “hereunder”, “hereof” shall be deemed to refer to this Agreement in its entirety (including the exhibits (and their annexes) and schedules hereto) unless the context requires otherwise. All references in this Agreement to Articles, Sections, Exhibits, Annexes and Schedules shall be construed to refer to Articles and Sections of, and Exhibits, Annexes and Schedules to, this Agreement unless the context requires otherwise. Except as otherwise provided herein, any definition of or reference to any agreement, instrument or other document shall be construed as referring to such agreement, instrument or other document as from time to time amended, restated, supplemented or otherwise modified in accordance with any restrictions on such amendments, restatements, supplements or modifications set forth herein or in any other Credit Document. Any reference to any law or regulation herein shall, unless otherwise specified, refer to such law or regulation as amended, modified or supplemented from time to time.

assistant: Interpretations
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: Solanki does not challenge this aspect of the IJ’s ruling; therefore, we do not address it. 5 . Because we will deny the petition on other grounds, we assume without deciding that Solanki’s injuries resulting from the robberies, along with the threat to his life, were sufficiently severe to constitute persecution. However, we note that this Court has previously held that "[s]imple robbery, in isolation, while unfortunate and troubling, does not seem to [constitute persecution].... [T]wo isolated criminal acts, perpetrated by unknown assailants, which resulted only in the theft of some personal property and a minor injury, is not sufficiently severe to be considered persecution.” Lie v. Ashcroft, 396 F.3d 530, 536 (3d Cir.2005); see also DeSouza v. INS, 999 F.2d 1156, 1159 (7th Cir.1993)(<HOLDING>). 6 . We further note that even if Solanki had Options: A. holding that the robberies of patel a kenyan citizen of indian descent by kenyans of african descent were simply indicative of resentment towards patel due to his wealth as the immigration judge found the incidents of robbery are attributable to class tensions and patels affluence rather than to persecution B. holding that plaintiff who alleged discrimination on the basis of his mexicanamerican descent had stated a valid claim under section 1981 C. holding that to constitute persecution harm must be more than harassment D. holding that private racial discrimination and harassment of a kenyan citizen of indian descent does not establish persecution E. holding by implication that plaintiff a brownskinned person of east indian descent had stated a proper claim under section 1981

assistant: The best answer is D. holding that private racial discrimination and harassment of a kenyan citizen of indian descent does not establish persecution
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 supreme court discharged the writ of certiorari because “the pending appellate proceeding has become moot.” Id. Appellant acknowledges that Carlton did not expressly or impliedly address the abatement doctrine. Appellant essentially requests that we not only adopt the abatement doctri nsequences flowing from the termination order. Moreover, appellant’s right to pursue the appeal has not been jeopardized. A final termination order is therefore fundamentally different from a criminal conviction. In light of the absence of authority for abatement in Minnesota, we decline to adopt or apply the abatement doctrine in this case. As the common law of Minnesota does not recognize the abatement doctrine, these concerns are best left to the legislature. Accord Bevel, 717 S.E.2d at 794-95 (<HOLDING>); see also In re Tmsteeship of Trust of Options: A. recognizing that where plaintiff is from the forum state and defendant is from an alternate forum each forum can claim a connection to one of the parties B. holding that when the legislature enacts a statute it is presumed that the legislature is aware of existing statutes C. recognizing doctrine D. recognizing that legislature is best forum for advancing abatement doctrine E. recognizing that the court is not the appropriate forum for initial factfinding

assistant: The best answer is D. recognizing that legislature is best forum for advancing abatement doctrine
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: evidence from which a rational juror could conclude that the victim was “physically incapable of declining participation in, or communicating unwillingness to engage in, th[e] sexual act.” We agree with the reasoning of the Eighth Circuit that “[a] reasonable jury may conclude that a person who is asleep when a sexual act begins is physically unable to decline participation in that act.” United States v. Wilcox, 487 F.3d 1163, 1169 (8th Cir.2007) (citing United States v. Barrett, 937 F.2d 1346, 1347-48 (8th Cir.1991)). If the victim testifies that she woke up while the sexual act was ongoing, this “provide[s] sufficient evidence for the jury to conclude that penetration occurred while she was asleep.” Id.; see also United States v. Smith, 606 F.3d 1270, 1281 (10th Cir.2010) (<HOLDING>); cf. United States v. Peters, 277 F.3d 963, Options: A. holding that evidence was sufficient where inter alia the victim woke up to find the defendant on top of her and engaged in sex B. holding inter alia that common law claims were preempted C. holding that the trial court properly excluded evidence that other persons had a motive to kill the victims because inter alia such evidence was speculative D. holding that a victim impact aggravator was not unconstitutionally vague because it directed the jury to consider inter alia the effect of the crime on the victims family E. holding that the witnesss prior statement that the victim was lying flat on his back when he was shot impermissibly contradicted the witnesss trial testimony that the victim was on top of another individual at that time

assistant: The best answer is A. holding that evidence was sufficient where inter alia the victim woke up to find the defendant on top of her and engaged in sex
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: from learning and practicing time-honored ways of artisanship that were an important cultural heritage. S. Rep. No. 106-452, at 1-2. And “[wjith Native communities plagued by unemployment and stagnant economies, the flood of fake Indian arts and crafts is decimating one of the few forms of entrepreneurship and economic development on Indian reservations.” Id. The IACA, as enacted in 1990, conferred a private right of action on Indian tribes and individual tribe members, who could both sue on behalf of themselves or on behalf of an Indian arts and crafts organization. See Pub.L. No. 101-644, 104 Stat. 4662 (1990). But there was no right of action for an Indian arts and crafts organization itself. See, e.g., Native Am. Arts, Inc. v. J.C. Penney Co., 5 F.Supp.2d 599, 604 (N.D.Ill.1998) (<HOLDING>). In 2000, Congress amended the statute to, Options: A. holding that state has no jurisdiction over civil suit by nonindian against indian where cause of action arises on indian reservation B. holding federal government could not prosecute an american indian who on indian territory had murdered another member of his tribe as federal statute excluded such crime from federal criminal jurisdiction in favor of allowing the indians to engage in selfgovernment ie the regulation by themselves of their own domestic affairs the maintenance of order and peace among their own members by the administration of their own laws and customs C. recognizing the federal responsibility to indian people and finding that congress has assumed the responsibility for the protection and preservation of indian tribes and their resources none of which is more vital than their children D. holding that oklahoma police officer was without jurisdiction to arrest indian inside indian reservation when the state has neither received by express grant nor acted pursuant to congressional authorization to assume criminal jurisdiction over indian country E. holding that the iaca prevents indian arts and crafts organizations from suing in their own right

assistant: The best answer is E. holding that the iaca prevents indian arts and crafts organizations from suing in their own right
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrower authorizes Agent and Lenders to extend, convert or continue Loans, effect selections of interest rates, and transfer funds to or on behalf of applicable Borrowers based on telephonic or e-mailed instructions by Loan Party Agent to Agent. Loan Party Agent shall confirm each such request by prompt delivery to Agent of a Notice of Borrowing or Notice of Conversion/Continuation, if applicable, but if it differs in any material respect from the action taken by Agent or Lenders, the records of Agent and Lenders shall govern. Neither Agent nor any Lender shall have any liability for any loss suffered by a Borrower as a result of Agent or any Lender acting upon its understanding of telephonic or e-mailed instructions from a person believed in good faith by Agent or any Lender to be a person authorized to give such instructions on Loan Party Agent’s behalf.

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 Credit Agreement may be executed in any number of counterparts, each of which where so executed and delivered shall be an original, but all of which shall constitute one and the same instrument. It shall not be necessary in making proof of this Credit Agreement to produce or account for more than one such counterpart. Delivery of executed counterparts by facsimile or other electronic means (including by e-mail with a “.pdf” copy thereof attached thereto) shall be effective as an original and shall constitute a representation that an original will be delivered.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is a bar to recovery. A. Admissibility of Post-Trial Submissions Plaintiffs numerous post-trial exhibits, including the Dongan Grant and the Caleb Ward Deed, were submitted as part of Plaintiffs Proposed Findings of Fact and Conclusions of Law and his Memorandum of Law in Reply to Defendants’ Opposition. i. Applicable Standard Defendants argue that this submission was a violation of Fed. R. Civ. Proc. 52, which limits proposed post-trial findings of fact and conclusions of law to discussion of evidence submitted at trial. See United States v. Forness, 125 F.2d 928, 942 (2d Cir.), cert. denied sub nom City of Salamanca v. United States, 316 U.S. 694, 62 S.Ct. 1293, 86 L.Ed. 1764 (1942); United States v. Local 1804-1, Int’l Longshoremen’s Ass’n, 831 F.Supp. 167, 169 (S.D.N.Y.1993) (<HOLDING>). Defendants argue that Fed. R. Civ. Proc. 59 Options: A. holding no abuse of discretion when the moving party failed to make an offer of proof by showing what the witness would testify to if present B. holding that motion to dismiss should not be granted unless the moving party has established that there is no material issue of fact to resolve and that it is entitled to judgment in its favor as a matter of law C. holding that a court may deny leave to amend when the moving party had the opportunity to amend earlier but waited after judgment to do so D. holding that a party who realizes with the acuity of hindsight that he failed to present his strongest case at trial is not entitled to a second opportunity by moving to amend a finding of fact or a conclusion of law E. holding that the trial court abused its discretion when it failed to grant leave to the moving party to amend their complaint before final summary judgment was entered

assistant: The best answer is D. holding that a party who realizes with the acuity of hindsight that he failed to present his strongest case at trial is not entitled to a second opportunity by moving to amend a finding of fact or a conclusion of law
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 explicitly classifies people based on sex is subject to intermediate scrutiny, which means 'it must be established at least that the challenged classification serves important governmental objecfives and that the discriminatory means employed are substantially related to the achievement of those objectives.’ ”) (quoting Nguyen v. INS, 533 U.S. 53, 60, 121 S.Ct. 2053, 150 L.Ed.2d 115 (2001)). 10 . Seemingly in an effort to move its equal protection claim into the realm of strict scrutiny, EIA attempts to argue that its members’ "associational rights” under the First Amendment have been harmed by the Three-Part Test. However, EIA can cite to no authority for applying First Amendment case law in this context. Thus, the district court properly rejec 2 S.Ct. 488, 36 L.Ed. 285 (1892) (<HOLDING>). 14 . The cases cited by EIA are of no avail. Options: A. holding that the united states may bring suit against a state to enforce compliance with federal law B. recognizing federal constitutional claim against the united states C. holding that six employees bringing suit under title vii were not in privity with the united states which had brought a previous suit against the same employer because the employees sought a type of relief which the united states had not sought D. holding a suit against an agency of the state is a suit against the state E. 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

assistant: The best answer is A. holding that the united states may bring suit against a state to enforce compliance with federal law
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: if a dispute arises between you and supercell , we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at https://support.supercell.com/ .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: not manage a fund entrusted to him by the client....”); In re Gelson, 12 F.Supp. 924, 925 (E.D.N.Y.1935) (“An attorney receiving money which is the property of his client, does so in a fiduciary capacity, within the purview of the bankruptcy law.”). Moreover, numerous cases have applied the defalcation exception to debts owed by corporate officers, notwithstanding the absence of any express trust. See, e.g., Pepper v. Litton, 308 U.S. 295, 306, 60 S.Ct. 238, 84 L.Ed. 281 (1939) (“A director is a fiduciary. So is a dominant or controlling stockholder or group of stockholders. Their powers are in trust.” (citations omitted)); In re Hammond, 98 F.2d 703, 705 (2d Cir.1938) (“It can scarcely be doubted ... that a director [is a fiduciary].”); In re Bernard, 87 F.2d 705, 707 (2d Cir.1937) (<HOLDING>). The district court’s view that only the Options: A. holding that under delaware law the fiduciary duties of officers are the same as those of directors B. holding that where the policy names only the directors or officers as insured the proceeds are not property of the estate C. holding that independent directors can be entrusted with the decision to sue other directors on behalf of the corporation D. holding that officers directors and employees of a corporation may become personally liable under 1981 E. holding that directors and officers are fiduciaries

assistant: The best answer is E. holding that directors and officers are fiduciaries
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 indemnification provided for under this Agreement shall remain in full force and effect regardless of any investigation made by or on behalf of the indemnified party or any officer, director or controlling Person of such indemnified party and shall survive the transfer of securities.

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: “Courts have held that when a defendant chooses to manufacture one product for a nationwide market, rather than target its products to comply with state laws, defendant’s choice does not implicate the commerce clause.” Nat’l Fed’n of the Blind v. Target Corp., 452 F.Supp.2d 946, 961 (N.D.Cal.2006); see id. (“[E]ven if [defendant] chooses to change its entire website in order to comply with California law, this does not mean that California is regulating out-of-state conduct.”). The Ninth Circuit has recently held that “regulation with reference to local harms” does not constitute extraterritorial regulation under the Commerce Clause merely because that regulation creates incentives for businesses to alter out-of-state activity. Rocky Mountain Farmers Union, 730 F.3d at 1101-06 (<HOLDING>). Similarly, § 632.7 regulates only calls with Options: A. holding that california fuel standards taking into account lifecycle emissions did not control conduct wholly outside the state despite arguments that the standards forced plaintiffs to conform outofstate conduct to california law B. holding that the ninth circuit is bound by the california supreme courts interpretation of california law C. holding that california law permitted the application of a homestead exemption to property located outside the state D. holding that california courts assertion of personal jurisdiction over floridabased reporters did not violate due process when allegedly defamatory article that was the basis of the suit focused on the california activities of california residents E. recognizing a hypothetical situation where california law left a party free to sue on a claim in maryland even after the claim was precluded in california because the california statute of limitations had expired

assistant: The best answer is A. holding that california fuel standards taking into account lifecycle emissions did not control conduct wholly outside the state despite arguments that the standards forced plaintiffs to conform outofstate conduct to california law
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: 496 (1991). Following this principle, the Court has stated consistently that fees for administrative proceedings can only be awarded under § 2412(d)(1)(A) if the district court ordered the further proceedings, and the district court action remained pending until the conclusion of the administrative proceedings. See Melkonyan v. Sullivan, 501 U.S. 89, 96-97, 111 S.Ct. 2157, 115 L.Ed.2d 78 (1991) (reasoning that Hudson “stands for the proposition that in those cases where the district court retains jurisdiction of the civil action and contemplates entering a final judgment following the completion of administrative proceedings, a claimant may collect EAJA fees for work done at the administrative level”); Shalala v. Schaefer, 509 U.S. 292, 299-300, 113 S.Ct. 2625, 125 L.Ed.2d 239 (1993) (<HOLDING>). Our circuit has followed these decisions, Options: A. recognizing the retention of jurisdiction at the district court level in sentence six remands B. holding the district court did not have jurisdiction to review denial of adjustment of status where removal proceedings are pending C. holding that district court lacked jurisdiction over claim for interim social security benefits during pendency of administrative proceedings D. holding that the plaintiffs could not recover fees for postlitigation administrative proceedings before the immigration and naturalization service because the pjroceedings under the immigration and nationality act lacked the specific features of the ssa proceedings that in hudson demonstrated the intimate tie between administrative and judicial proceedings E. holding that because the district court does not retain jurisdiction sentencefour social security remands do not fall within the scope of hudson and noting that the court had limited hudson to a narrow class of qualifying administrative proceedings where the district court retains jurisdiction of the civil action pending the completion of the administrative proceedings internal quotation marks and citation omitted

assistant: The best answer is E. holding that because the district court does not retain jurisdiction sentencefour social security remands do not fall within the scope of hudson and noting that the court had limited hudson to a narrow class of qualifying administrative proceedings where the district court retains jurisdiction of the civil action pending the completion of the administrative proceedings internal quotation marks and citation omitted
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: EMPLOYEE agrees not to issue, disseminate or otherwise make public any written or oral statements likely to disparage or harm ZAIS’ business or reputation or the reputation of any executive or employee of ZAIS or its affiliates. EMPLOYEE acknowledges that any breach by her of this non-disparagement agreement will subject her to substantial monetary damages. Nothing in this paragraph shall prohibit EMPLOYEE from providing, in good faith, factual information, not subject to any claim of attorney-client privilege or attorney work product, concerning EMPLOYER required by law or legal or regulatory proceeding. This Agreement does not prohibit or restrict EMPLOYEE (or EMPLOYEE’S attorney) from initiating communications directly with, or responding to any inquiry from, or providing testimony before, the Securities and Exchange Commission, any self-regulatory organization or any other state or federal regulatory authority. This non-disparagement agreement will survive EMPLOYEE’S termination of employment.

assistant: Non-Disparagement
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 (including the exhibits and schedules hereto), the Escrow Agreement, and the other agreements, instruments and documents executed and delivered among the parties hereto at or in connection with the Closing constitute the entire agreement between the parties hereto with respect to the subject matter hereof and supersede all prior agreements and understandings between the parties with respect to such subject matter; provided , however , that this Agreement shall not supersede the terms and provisions of the Nondisclosure Agreement, which shall survive and remain in effect until expiration or termination thereof in accordance with its terms and Section 4.4 of this Agreement. Information set forth on any Schedule hereto shall be deemed to qualify each Section of this Agreement to which such Schedule relates (or makes cross-reference), as well as representations and warranties in other Sections of this Agreement but only to the extent that the specific item on any such Schedule is reasonably apparent on its face as being applicable to such other Section and only as related to such specific item. No information set forth on any Schedule hereto shall be deemed to broaden in any way the scope of the Company’s representations and warranties. The inclusion of an item on any Schedule hereto is not evidence of the materiality of such item for purposes of this Agreement or otherwise, or that such item is a disclosure required under the Agreement. Any description of any agreement, document, instrument, plan, arrangement or other item set forth on any Schedule hereto is a summary only and is qualified in its entirety by the terms of such agreement, document, instrument, plan, arrangement or item, copies of which have been made available to Parent. No disclosure in any Schedule hereto relating to any possible breach or violation of any agreement, permit, license, Law or Legal Requirement shall be construed as an admission or indication that any such breach or violation exists or has actually occurred, or shall constitute an admission of liability to any third party.

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: The Lenders agree to indemnify Agent in its capacity as such (to the extent not reimbursed by the Borrower and without limiting the obligation of the Borrower to do so), each in an amount equal to its pro rata share (based on its Commitments hereunder (or if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of its applicable outstanding Loans or participations in L/C Disbursements, as applicable)) thereof, from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind whatsoever that may at any time (whether before or after the payment of the Loans) be imposed on, incurred by or asserted against Agent in any way relating to or arising out of, the Commitments, this Agreement, any of the other Loan Documents or any documents contemplated by or referred to herein or therein or the transactions contemplated hereby or thereby or any action taken or omitted by Agent under or in connection with any of the foregoing; pr o vided that no Lender shall be liable for the payment of any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements that are found by a final and nonappealable decision of a court of competent jurisdiction to have resulted from Agent’s gross negligence or willful misconduct. In the case of any investigation, litigation or proceeding giving rise to any liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements described in the immediately preceding sentence, this Section applies whether any such investigation, litigation or proceeding is brought by any Lender or any other Person. Without limitation of the foregoing, each Lender shall reimburse the Administrative Agent upon demand for its ratable share of any costs or out-of-pocket expenses (including the fees, disbursements and other charges of counsel) incurred by the Administrative Agent in connection with preparation, execution, delivery, administration, modification, amendment or enforcement (whether through negotiations, legal proceedings or otherwise) of, or legal advice in respect of rights and responsibilities under, this Agreement, any other Loan Document, or any document contemplated by or referred to herein, to the extent that the Administrative Agent is not reimbursed for such costs or expenses by or on behalf of the Borrower. The agreements in this Section shall survive the payment of the Loans and all other amounts payable hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the occurrence and during the continuation of a Termination Event, Transferee (or its assigns) may take any of the following actions: (a) declare the Termination Date to have occurred, whereupon the Termination Date shall forthwith occur, without demand, protest or further notice of any kind, all of which are hereby expressly waived by each Originator; provided , however , that upon the occurrence of a Termination Event described in Section 7.01(f) or Section 7.01(g), or of an actual or deemed entry of an order for relief with respect to any Originator under the Bankruptcy Code, the Termination Date shall automatically occur, without demand, protest or any notice of any kind, all of which are hereby expressly waived by each Originator and (b) to the fullest extent permitted by applicable law, declare that the Default Fee shall accrue with respect to any amounts then due and owing by each Originator to Transferee. The aforementioned rights and remedies shall be without limitation and shall be in addition to all other rights and remedies of Transferee and its assigns otherwise available under any other provision of this Agreement, by operation of law, at equity or otherwise, all of which are hereby expressly preserved, including, without limitation, all rights and remedies provided under the UCC, all of which rights shall be cumulative.

assistant: Remedies
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: 6.4 in no event shall the licensor 's total liability to the licensee for all damages exceed the amount of fifty euros ( $ 50.00 ) .

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: written opinion, memorandum of decision or findings of fact and conclusions thereon relating to the issues raised on appeal." 2 . Moreover, we held that the concrete subcontractor's actions were not the proximate cause of the employee's injuries. Woods, 648 N.E.2d at 1202. Rather, the intervening collapse of the scaffold, which could not have been foreseen by the concrete subcontractor, was the proximate cause of the employee's injuries. Id. 3 . Although the Crawfords mention in the complaint that Dawn was an invitee on the property, this allegation is relevant to a determination of whether Dawn was rightfully on the property. See infra. 4 . Guy's Concrete and Modern analyze the duty issue by using our supreme court's three-part analysis set forth in Webb. See Webb, 575 N.E.2d at 995 (<HOLDING>). However, it is unnecessary for us to perform Options: A. holding that before a duty can be imposed there must be a relationship between the parties and the harm must have been foreseeable B. holding that in determining whether a duty exists a court should consider the following factors 1 the reasonable foreseeability of injury 2 the reasonable likelihood of injury 3 the magnitude of the burden that guarding against injury places on the defendant and 4 the consequences of placing that burden on the defendant emphasis added C. holding that in determining whether to impose a duty the following factors must be balanced 1 the relationship between the parties 2 the reasonable foreseeability of harm to the person injured and 3 public policy concerns D. holding that a high degree of foreseeability is required to impose a duty to hire security guards and that the requisite degree of foreseeability rarely if ever can be proven in the absence of prior similar incidents of violent crime on the landowners premises E. holding no duty and noting that foreseeability bears on the scope of a duty and not whether it exists in the first place

assistant: The best answer is C. holding that in determining whether to impose a duty the following factors must be balanced 1 the relationship between the parties 2 the reasonable foreseeability of harm to the person injured and 3 public policy concerns
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 execution, delivery and performance by the Borrower of each of the Loan Documents to which it is a party, and the borrowings hereunder and the transactions forming a part of the Exchange Transactions (a) have been duly authorized by all corporate, stockholder, partnership or limited liability company action required to be obtained by the Borrower and (b) will not (i) violate (A) any provision of law, statute, rule or regulation, or of the certificate or articles of incorporation or other constitutive documents (including any partnership, limited liability company or operating agreements) or by laws of the Borrower, (B) any applicable order of any court or any rule, regulation or order of any Governmental Authority or (C) any provision of any indenture, certificate of designation for preferred stock, agreement or other instrument to which the Borrower is a party or by which it or any of its property is or may be bound, (ii) be in conflict with, result in a breach of or constitute (alone or with notice or lapse of time or both) a default under, give rise to a right of or result in any cancellation or acceleration of any right or obligation (including any payment) or to a loss of a material benefit under any such indenture, certificate of designation for preferred stock, agreement or other instrument, where any such conflict, violation, breach or default referred to in clause (i) or (ii) of this Section 3.02(b), would reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect, or (iii) result in the creation or imposition of any Lien upon or with respect to any property or assets now owned or hereafter acquired by the Borrower, other than Permitted Liens.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the arbitrator 's decision must consist of a written statement stating the disposition of each claim of the dispute , and must provide a statement of the essential findings and conclusions on which the decision and award ( if any ) may be entered in or by any court that has jurisdiction over the parties pursuant to section 9 of the federal arbitration act .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall inure to the benefit of the successors of the Company. Subject to the restrictions on transfer contained herein, this Agreement shall be binding upon the Participant and his or her heirs, executors, administrators, successors and assigns.

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: No provision of this Agreement may be amended, modified, waived or discharged unless such amendment, modification, waiver or discharge is agreed to in writing signed by Indemnitee and the Company. No waiver by either party hereto at any time of any breach by the other party hereto or compliance with any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

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: § 1983 suit. Middleton and McDonald then filed a joint stipulation to dismiss the case with prejudice, and the district court terminated the case pursuant to their stipulation on September 30, 1999. The state paid the funds into Middleton’s prison account on December 2,1999. Eight days after depositing the funds into Middleton’s prison account, the state invoked the provisions of the Missouri Incarceration Reimbursement Act (MIRA), Mo.Rev.Stat. §§ 217.825 — 217.841, by filing suit in state court to collect 90% of the funds then in Middleton’s prison account to reimburse the state for the cost of his incarceration on the murder convictions. Middleton responded that federal law precluded the state’s recovery of these funds, citing Hankins v. Finnel, 964 F.2d 853, 861 (8th Cir.1992) (<HOLDING>), cert. denied, 506 U.S. 1013, 113 S.Ct. 635, Options: A. holding that private hospital and physicians who involuntarily committed plaintiff under massachusetts statute were not state actors noting that state regulation even if extensive and receipt of federal funds do not establish state action B. holding student activity fees not to be state funds when they were segregated from university funds and the state treasury C. holding that foster parents are not state actors D. holding that massachusetts statute did not create a sufficiently close nexus between private hospital and the state to warrant labeling private actors state actors E. holding in a factspecific circumstance that the supremacy clause prohibited the state from using mira to recover funds it had paid to an inmate as compensation for a state actors civil rights violation

assistant: The best answer is E. holding in a factspecific circumstance that the supremacy clause prohibited the state from using mira to recover funds it had paid to an inmate as compensation for a state actors civil rights violation
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 agrees to pay all reasonable out of pocket costs and expenses (including without limitation reasonable fees and expenses of any counsel, financial advisor, and agent for the Lender) incurred before or after the date hereof by the Lender and its affiliates in connection with the preparation, negotiation, execution, delivery and administration of this Amendment and the other Loan Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada without regard to principles of conflicts of laws. Any action brought by either party against the other concerning the transactions contemplated by this Agreement, the Note or any other agreement, certificate, instrument or document contemplated hereby shall be brought only in the state courts of Massachusetts or in the federal courts located in the state of Massachusetts. The parties to this Agreement hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO, AND AGREES NOT TO REQUEST, A JURY TRIAL FOR THE ADJUDICATION OF ANY DISPUTE HEREUNDER OR UNDER ANY OTHER TRANSACTION DOCUMENT OR IN CONNECTION WITH OR ARISING OUT OF TIDS AGREEMENT, ANY OTHER TRANSACTION DOCUMENT OR ANY TRANSACTION CONTEMPLATED HEREBY OR THEREBY. The prevailing party shall be entitled to recover from the other party its reasonable attorney's fees and costs. In the event that any provision of this Agreement or any other agreement delivered in connection herewith is invalid or unenforceable under any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed modified to conform with such statute or rule of law. Any such provision which may prove invalid or unenforceable under any law shall not affect the validity or enforceability of any other provision of any agreement. Each party hereby irrevocably waives personal service of process and consents to process being served in any suit, action or proceeding in connection with this Agreement or any other Transaction Document by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law.

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 case excerpt and choose the best holding from the options. Case excerpt: District of Nevada, "[t]he failure of an opposing party to file points and authorities in response to any motion shall constitute a consent to the granting of the motion.” Local Rule 7-2(d). 2 . "The failure of an opposing party to file points and authorities in response to any motion shall constitute a consent to the granting of the motion.” Local Rule 7 — 2(d). 3 . In comparison, in a case where the officer’s force was not found to be unreasonable, the Court noted that “ “ ‘on the intrusion of his Fourth Amendment Rights’ ” side of the scale, [the plaintiff] does not allege anything more violent than hard pulling and twisting”. Johnson v. County of Los Angeles, 340 F.3d 787, 792 (9th Cir.2003). 4 . See also Michenfelder v. City of Torrance, 28 Cal.App.3d 202, 104 Cal.Rptr. 501 (1972) (<HOLDING>). The Michenfelder court also criticizes the Options: A. holding force to be an element of pre1994 amendment 111 which may be satisfied by proof of force or threat of force B. holding that expert testimony on what constitutes deadly physical force and whether the use of force was justified should have been excluded C. holding that 2241a1 requires actual use of force meaning use of such physical force as is sufficient to overcome restrain or injure a person D. holding the use of deadly force is constitutionally permissible only if the officer has probable cause to believe that the suspect poses a threat of serious physical harm either to the officer or to others E. holding that the decision of a police officer to preserve public safety and order through use of commands backed by threat of force or actual use of physical force is a matter of discretion

assistant: The best answer is E. holding that the decision of a police officer to preserve public safety and order through use of commands backed by threat of force or actual use of physical force is a matter of discretion
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: by the district court are also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 338, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir.2001). We have independently reviewed the record and conclude that Step-light has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, deny Steplight’s motion for appointment of counsel, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED * See Reid v. Angelone, 369 F.3d 363, 367-70 (4th Cir.2004) Options: A. holding that order denying motion to dismiss a bankruptcy petition is final under 28 usc 1291 B. holding that managing conservator while in texas to seek return of child by writ of habeas corpus may not be served with civil process and is subject to jurisdiction of court in which habeas corpus is pending and only for purpose of prosecuting writ of habeas corpus C. holding that order denying relief under fedrcivp 60b in a habeas setting is the final order in a habeas corpus proceeding subject to the certificate of appealability requirement of 28 usc 2253c1a 2000 D. holding that 2253c1a applies when a state habeas petitioner proceeds under 2241 E. holding that a certificate of appealability is unnecessary where a district court dismisses a rule 60b motion as an unauthorized successive habeas motion

assistant: The best answer is C. holding that order denying relief under fedrcivp 60b in a habeas setting is the final order in a habeas corpus proceeding subject to the certificate of appealability requirement of 28 usc 2253c1a 2000
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 term or other provision of this letter is invalid, illegal or incapable of being enforced by any law or public policy, all other terms and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party.

assistant: Severability