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: meeting Sheriff Cutler focused on performance problems prior to Haverda’s suspended termination; and (9) a documented history of positive performance reviews. The district court characterized Haverda’s rebuttal evidence as merely disagreeing with the assessment of his performance, as arguing that Appellees’ evidence is merely subjective, and as arguing that reliance on the Jail condition to demote him is flawed. The court went on to hold that Haverda’s offered evidence was unavailing and that Haverda had failed to rebut Appellees’ showing that they would have demoted Haverda in the absence of his protected speech. In reaching this conclusion, the district court disposition have generally done so only when the employer’s reasons have not been controverted. See Pierce, 37 F.3d at 1151 (<HOLDING>); see also Beattie, 254 F.3d at 604 (finding Options: A. holding that the plaintiff did not present evidence of retaliation and therefore the plaintiff failed to allege facts that would allow a rational jury to conclude that the employers reasons for termination were pretextual B. holding that the conflicting explanations given by defendants agents for the plaintiffs termination were also sufficient to raise a reasonable inference that defendants proffered reasons for the termination were pretextual the inconsistent testimony regarding the motivating reasons for plaintiffs termination cast doubts on the asserted nondiscriminatory legitimate reasons and may alone be sufficient to preclude summary judgment on plaintiffs claim C. holding that plaintiff must present such evidence D. holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction E. holding that the plaintiffs evidence of pretext was insufficient because the plaintiff failed to present evidence that the employer did not honestly believe its proffered reasons for its action

assistant: The best answer is A. holding that the plaintiff did not present evidence of retaliation and therefore the plaintiff failed to allege facts that would allow a rational jury to conclude that the employers reasons for termination were pretextual
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: law or fact, etc. ... [Sometimes it may be necessary for the court to probe behind the pleadings before coming to rest on the certification question, and [ ] certification is proper only if the trial court is satisfied, after a rigorous analysis, that the prerequisites of Rule 23(a) have been, satisfied. Frequently that rigorous analysis will entail some overlap with the merits of the plaintiffs underlying claim. That cannot be helped. Wal-Mart Stores, Inc. v. Dukes, — U.S. —, —, 131 S.Ct. 2541, 2551,180 L.Ed.2d 374, 390 (2011) (citations and internal quotation marks omitted); see also Secs. Litig. v. Gen. Reinsurance Corp. (In re Am. Int’l Group Inc.), 689 F.3d 229, 237 (2d Cir.2012); Oakley v. Verizon Comm’ns, Inc., No. 09 Civ. 9175(CM), 2012 WL 335657, at *12 (S.D.N.Y. Feb. 1, 2012) (<HOLDING>). Thus, “the United States Supreme Court has Options: A. holding that where proof of commonality necessarily overlapped with the merits contention that defendant had engaged in a pattern or practice of discrimination inquiry into that merits contention was appropriate for rule 23 analysis B. recognizing that the district court did not reach the merits C. holding that a district court may award attorneys fees while the merits are on appeal D. holding that while the certifying court should not make any factual findings or merits determinations that are not necessary to the rule 23 analysis where merits issues cannot be avoided they must be addressed E. recognizing that sanctions are collateral to the merits of the case and may be considered even after the merits are no longer before the district court

assistant: The best answer is D. holding that while the certifying court should not make any factual findings or merits determinations that are not necessary to the rule 23 analysis where merits issues cannot be avoided they must be addressed
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: Because of the need for confidentiality, we must maintain tight controls over our business records. Business records are those documents whose primary purpose is to record the actions of Diamond, including marketing and financial matters. You may remove business records from Diamond premises to the extent necessary to carry out your responsibilities under the Employment Agreement. Such documents shall be returned to the premises immediately once they are no longer necessary. All documents must immediately be returned to the Company upon termination of employment.

assistant: Records
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: terms in the tariff provision; and [then] (2) determines] whether the merchandise at issue comes within the description of such terms as a properly construed.” Pillowtex Corp. v. Unites States, 171 F.3d 1370, 1373 (Fed. Cir.1999) (citing Bausch & Lamb, Inc. v. United States, 148 F.3d 1363, 1365 (Fed. Cir.1998)). The first step in the analysis is a question of law and the second is a question of fact, both of which are determined de novo. See Pillowtex Corp., 171 F.3d at 1373; Rollerblade, Inc. v. United States, 282 F.3d 1349, 1351 (Fed.Cir.2002). A classification by Customs is presumed to be correct under 28 U.S.C. § 2639(a)(1) and the court affords deference to the classification in accordance with Skidmore v. Swift & Co. See 323 U.S. 134, 140, 65 S.Ct. 161, 89 L.Ed. 124 (1944) (<HOLDING>); Rollerblade, Inc., 282 F.3d at 1352 (citing Options: A. holding that a district court is entitled to give more weight to the seriousness of the offense than to other factors B. holding that the weight of a classification determination depends upon all those factors which give it power to persuade C. holding that an agencys informal interpretation of a statute it administers is entitled to deference to the extent it has the power to persuade D. holding that wjhere the right to compensation depends upon which of two conflicting medical theories should be accepted the issue is peculiarly for commissions determination E. 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

assistant: The best answer is B. holding that the weight of a classification determination depends upon all those factors which give it power to persuade
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 356 U.S. 21 78 S.Ct. 559 2 L.Ed.2d 578 AMERICAN MOTORS CORPORATION, a Maryland Corporation, formerly known as Nash-Kelvinator Corporation, a Maryland Corporation, and United States of America, Intervenor, appellants,v.CITY OF KENOSHA, a Municipal Corporation. No. 343. Supreme Court of the United States March 10, 1958 Rehearing Denied June 9, 1958. See 357 U.S. 912, 78 S.Ct. 1147. Solicitor General Rankin, Assistant Attorney General Rice, Messrs. John N. Stull, A. F. Prescott and H. Eugene Heine, Jr., for the United States. Mr. Alfred E. LaFrance, for appellant American Motors Corporation. Messrs. Wm. J. P. Abert and Robert V. Baker, for appellee. PER CURIAM. 1 The motion to affirm is granted and the judgment is affirmed. 2 Mr. Justice FRANKFURTER, Mr. Justice BURTON, Mr. Justice HARLAN, and Mr. Justice WHITTAKER dissent for the reasons set forth in their dissenting opinion in City of Detroit v. Murray Corp., 355 U.S. 489, 78 S.Ct. 458, 486.

assistant: 8
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 of the Transaction Documents by the Company and the issuance and sale of the Securities does not and will not (i) conflict with or result in a breach or violation of (a) any of the terms and provisions of, or constitute a default under the Company’s Restated Certificate of Incorporation or the Company’s Bylaws, both as in effect on the date hereof (true and complete copies of which have been made available to the Investors through the EDGAR system), or (b) to any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company, any Subsidiary or any of their respective assets or properties, or (ii) conflict with, or constitute a default (or an event that with notice or lapse of time or both would become a default) under, result in the creation of any lien, encumbrance or other adverse claim upon any of the properties or assets of the Company or any Subsidiary or give to others any rights of termination, amendment, acceleration or cancellation (with or without notice, lapse of time or both) of, any Material Contract, except, in the case of clauses (i)(b) and (ii) only, for such conflicts, breaches, violations and defaults as have not had, and could not reasonably be expected to have, a Material Adverse Effect, individually or in the aggregate.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Section 6 shall survive the termination or expiration of this Agreement and Executive’s employment with the Company and shall be fully enforceable thereafter. If it shall be finally determined that any restriction in this Section 6 is excessive in duration or scope or is unreasonable or unenforceable under the laws of any state or jurisdiction, it is the intention of the parties that such restriction may be modified or amended to render it enforceable to the maximum extent permitted by the law of that state or jurisdiction.

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 legal provision and list the applicable contract clause categories. Provision: Upon the death of Executive, the Company shall, within thirty (30) days of receiving notice of such death, pay Executive's estate or its nominee all salary and other compensation hereunder, then due and payable and all accrued vacation pay and bonuses, if any, in each case payable or accrued through the date of death. In addition, the Company shall pay Executive's estate, or its nominee, at the time or times otherwise payable under the terms of this Agreement, all salary and accrued benefits that would have been payable hereunder by the Company to Executive during the one-year period immediately following Executive's death. Any payment due under this Section 4.1 may be funded by one or more policies of life insurance to be purchased by the Company and which provide for a benefit in the amount payable to Executive as beneficiary under such policy or policies equal to that due Executive under this Section. In the event the Company purchases such policy or policies and thereafter maintains such policy or policies in continuous and full force and effect during the term hereof, then Executive agrees to look solely to such policy or policies for payment of any amount due hereunder; provided, however, that in the event the Company does not purchase such policy or policies and thereafter maintain such policy or policies in continuous and full force and effect during term hereof, then the Company shall be directly and fully obligated to Executive for such payment.

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: Seller Parent and Seller, for themselves and their successors and assigns, on the one hand, and Buyer Parent and Buyer, for themselves and their successors and assigns, WACS, for itself and its successors and assigns, and the Partnership, for itself and its successors and assigns, on the other hand (collectively, the “ Releasors ”), hereby (a) forever fully and irrevocably release and discharge the other Releasors, and each of their respective predecessors, successors, direct or indirect subsidiaries and past and present stockholders, members, managers, directors, officers, employees, agents, and other representatives (collectively, the “ Released Parties ”) from any and all actions, suits, claims, demands, debts, agreements, obligations, promises, judgments, or liabilities of any kind whatsoever in law or equity and causes of action of every kind and nature, or otherwise (including, claims for damages, costs, expense, and attorneys’, brokers’ and accountants fees and expenses) arising out of or related to events, facts, conditions or circumstances existing or arising prior to the Closing Date, which the Releasors can, shall or may have against the Released Parties, whether known or unknown, suspected or unsuspected, unanticipated as well as anticipated, including with respect to the Partnership Agreement (collectively, the “ Released Claims ”), and (b) irrevocably agree to refrain from directly or indirectly asserting any claim or demand or commencing (or causing to be commenced) any Proceeding against any Released Party based upon any Released Claim. Notwithstanding the preceding sentence of this Section 4.10 , “ Released Claims ” does not include, and the provisions of this Section 4.10 shall not release or otherwise diminish: (i) the obligations of any Party set forth in or arising under any provisions of this Agreement or the Ancillary Agreements, (ii) the obligations of the Partnership and the Buyer Parent and Buyer and their Affiliates to the Seller and its Affiliates in respect of indemnification obligations to Seller and its Affiliates arising out of the sale or distribution of the Partnership’s products prior to the Closing Date, or pursuant to the terms of Article 9, Sections 9.1-9.4 of the Sales Representation and Marketing Agreement as in effect on the date hereof, (iii) the ordinary course of business receivables generated and payables incurred by the Partnership from the Parties.

assistant: Releases
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: You agree that through ______________ [THE SEVERANCE PERIOD], you will respond to the Company in a timely and helpful manner via email or telephone should it have questions for you regarding your work for the Company such as, but not limited to, status of projects, location of data and documents, and passwords, provided that such questions must be reasonable in volume and time commitment.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: would have shown or how it would have changed the sentence he ultimately received. Thus, he cannot establish that he received ineffective assistance of counsel in this regard be admission of hearsay was unlikely to have contributed to the verdict when other admissible evidence established the same fact). 10 We note that Pepe-Frazier was tried in 2012, making the former Evidence Code 392-93 (IV) (A) (D.C. Cir. 1988) (noting that expert testimony on “pimping patterns and the pimp-prostitute relationship” might have assisted the jury in determining whether the defendant was a pimp or simply a “gambler with a flashy lifestyle and a penchant for travel,” as well as the credibility of the government’s prostitute-witnesses); cf. Edge v. State, 275 Ga. 311, 313 (5) (567 SE2d 1) (2002) (<HOLDING>); Lowe v. State, 310 Ga. App. 242, 244-45 (2) Options: A. holding appellate counsel did not provide ineffective assistance of counsel by failing to appeal district courts decision to admit evidence that defendant was a member of a gang because gang membership was relevant to show motive and intent B. holding that a gang expert could testify on what it meant to be a rat in gang culture because it was relevant to help understand discrepancies between some of the wit nesses statements to the police and their testimony at trial C. holding that expert testimony from a detective about the reluctance of witnesses residents of gang neighborhoods to testify in cases involving gang activity is relevant to the credibility of a witness D. holding that experts testimony as to aspects of gang culture relevant to the case including requirements of members obedience silence and staunch defense of other gang members and the punishment meted out to a gang member who violates these requirements went to factual matters outside the experience of the average juror E. holding that murder committed by minor gang members was not foreseeable result of sale of alcohol to gang members

assistant: The best answer is D. holding that experts testimony as to aspects of gang culture relevant to the case including requirements of members obedience silence and staunch defense of other gang members and the punishment meted out to a gang member who violates these requirements went to factual matters outside the experience of the average juror
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 Mr. Daneshvar worked for GTI since 1998. Although immaterial to our disposition, this apparent discrepancy is perhaps due to the fact that GTI had discharged him in 1997. Mr. Daneshvar successfully challenged that discharge as retaliatory, which in turn lead to his reinstatement in GTI’s employ by court order filed in 1998. See Daneshvar v. Graphic Tech., Inc., 40 F.Supp.2d 1225 (D.Kan.1998). 2 . Mr. Daneshvar raises no error in the district court’s order granting summary judgment on his disparate workload claim and dismissing all his other claims, except his disparate wage and wrongful discharge claims, for failure to exhaust. Accordingly, we do not consider the court’s rulings on those issues. See State Farm Fire & Cas. Co. v. Mhoon, 31 F.3d 979, 984 n. 7 (10th Cir.1994) (<HOLDING>). 3 . Mr. Daneshvar relied on Ingels in the Options: A. holding that failure to raise an issue in an opening brief waives that issue B. holding that failure to raise issue in brief constitutes waiver of appeal of the issue C. holding that appellant waived issue by failing to raise it in opening brief D. holding that a partys failure to raise an issue in the opening brief waived the issue even though the party raised the issue in his reply brief E. holding that a party abandoned an issue by failing to raise it in the opening brief

assistant: The best answer is A. holding that failure to raise an issue in an opening brief waives that 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: [to satisfy these elements], for on a motion to dismiss [the court] presume[s] that general allegations embrace those specific facts that are necessary to support the claim.” Lujan, 504 U.S. at 561, 112 S.Ct. 2130 (citations and internal quotation marks omitted). We conclude SCWF alleged facts sufficient to survive a motion to dismiss for lack of standing. SCWF asserted that construction of the Connector would harm its members’ ability to use and enjoy the relevant area for a variety of educational, scientific, recreational, and aesthetic purposes, and that one or more of its members currently use the land for such purposes. Sierra Club v. Morton, 405 U.S. 727, 738-39, 92 S.Ct. 1361, 31 L.Ed.2d 636 (1972) (an organization may sue on behalf of its members); id. at 738, 92 S.Ct. 1361 (<HOLDING>); see also Lujan, 504 U.S. at 562-63, 112 S.Ct. Options: A. holding that deference is warranted only when it appears that congress delegated authority to the agency generally to make rules carrying the force of law and that the agency interpretation claiming deference was promulgated in the exercise of that authority and discussing united states v mead corp 533 us 218 22627 121 sct 2164 150 led2d 292 2001 and chevron usa inc v natural res def council inc 467 us 837 84245 104 sct 2778 81 led2d 694 1984 B. holding that harms to aesthetic conservational and recreational as well as economic values are cognizable injuries for the purposes of demonstrating standing quoting assn of data processing serv orgs inc v camp 397 us 150 154 90 sct 827 25 led2d 184 1970 C. holding in suit under the cwa that environmental plaintiffs adequately allege injury in fact when they aver that they use the affected area and are persons for whom the aesthetic and recreational values of the area will be lessened quoting sierra club v morton 405 us at 735 92 sct 1361 D. holding that if the harm alleged in fact affects the recreational or even the mere aesthetic interests of the plaintiff that will suffice for standing purposes citing sierra club v morton 405 us 727 73436 92 sct 1361 31 led2d 636 1972 E. holding that plaintiffs had established an injury in fact because the challenged activity directly affected their recreational aesthetic and economic interests

assistant: The best answer is B. holding that harms to aesthetic conservational and recreational as well as economic values are cognizable injuries for the purposes of demonstrating standing quoting assn of data processing serv orgs inc v camp 397 us 150 154 90 sct 827 25 led2d 184 1970
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: decision predates the enactment of the VCAA, “[r]emand is required so that the Board may determine the applicability of the VCAA to the [appellant’s] claim.” Appellant’s Br. at 4. The Secretary argues that the Court should affirm the September 2000 BVA decision because that decision is support ucklinger v. Brown, 5 Vet.App. 435, 436 (1993). With respect to the appellant’s argument that the portion of the September 2000 Board decision that determined that he had not presented a valid CUE claim as to the June 1994 RO decision should be vacated and the matter remanded for readjudication in light of the enactment of the VCAA, that argument is unavailing because the Court has interpreted the VCAA as having no application to CUE claims. See Parker v. Principi, 15 Vet.App. 407, 412 (2002) (<HOLDING>); Livesay v. Principi, 15 Vet.App. 165, 178-79 Options: A. holding vcaa inapplicable to claim that ro decision contained cue B. holding that cue existed in ro decision that had reduced veterans benefits where court found that it is evident that cue existed therein C. holding that prior ro decision that had not become final was not subject to cue collateral attack D. holding that cue motion is not claim for benefits and that vcaa definition of claimant cannot encompass person seeking revision of final decision based on cue E. holding that pursuant to 38 usc 5109a a final ro decision may be revised upon a showing of cue

assistant: The best answer is A. holding vcaa inapplicable to claim that ro decision contained cue
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 “ Effective Date ” of this Agreement shall be the date an original of this Agreement (or original counterparts of this Agreement) is executed by both Seller and Purchaser and each party has received a fully executed copy thereof. The Effective Date shall be set forth in the introductory paragraph of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Section 9(e) hereof, any dispute, controversy, or claim arising out of or relating to this Agreement or breach thereof, or arising out of or relating in any way to the employment of Executive or the termination thereof, shall be submitted to arbitration in accordance with the . The arbitration proceedings shall be held in the either Butler County, Kansas, or Sedgwick County, Kansas. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In reaching her decision, the arbitrator shall have no authority to ignore, change, modify, add to or delete from any provision of this Agreement, but instead is limited to interpreting this Agreement. The parties specifically acknowledge that the Arbitrator must award fees, including attorneys’ fees, and costs of the arbitration to the prevailing party in any such proceeding.

assistant: Arbitration
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 shall be entitled to such medical, disability and life insurance coverage and such vacation, sick leave and holiday benefits, if any, and any other benefits as are made available to the Company's corporate officers, all in accordance with the Company's benefits program in effect from time to time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All communications described in clause (a) above and all other notices, demands, requests and other communications made in connection with this Agreement shall be effective and be deemed to have been received (i) if delivered by hand, upon personal delivery, (ii) if delivered by overnight courier service, one (1) Business Day after delivery to such courier service, (iii) if delivered by facsimile, when sent (except that if not given during normal business hours for the recipient thereof, at the opening of business on the next Business Day of such recipient), and (iv) if delivered by e-mail, upon the sender’s receipt of an acknowledgement from the intended recipient, such as by the “ return receipt requested ” function, as available, return e-mail or other written acknowledgment (except that if not sent during normal business hours for the recipient thereof, at the opening of business on the next Business Day of such recipient).

assistant: Effectiveness
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: real party in interest for diversity purposes. A quasi-sovereign interest is a State’s interest in the well-being of its populace. Id. at 602, 102 S.Ct. 3260. The United States Supreme Court has stated that quasi-sovereign interests fall into two categories: “First, a State has a quasi-sovereign interest in the health and well-being— both physical and economic — of its resi dents in general. Secondly, a State has a quasi-sovereign interest in not being discriminatorily d.enied its rightful status within the federal system.” Id. at 609,102 S.Ct. 3260. Here, the Attorney General asserts an interest within the first category, an interest in the economic well-being of the citizens of Mississippi. See Georgia v. Penn. R. Co., 324 U.S. 439, 450-51, 65 S.Ct. 716, 722-23, 89 L.Ed. 1051 (1945) (<HOLDING>). Microsoft proposes to split the claims in Options: A. holding that the state has interest apart from affected individuals in antitrust suit against railroads for price fixing that discriminated against georgia shippers B. holding that a suit against a state official in his or her official capacity is a suit against the state itself and not cognizable under 1983 C. holding that a suit against a state official in his or her official capacity is not a suit against the official but rather is a suit against the officials office D. holding a suit against an agency of the state is a suit against the state E. holding that a damages suit against a state officer in his official capacity was barred because it was functionally a suit against the state

assistant: The best answer is A. holding that the state has interest apart from affected individuals in antitrust suit against railroads for price fixing that discriminated against georgia shippers
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 you die, the representative of your estate will, on the relevant Payment Date, be paid the amount or percentage of your Award that would have otherwise been payable pursuant to Paragraph 7, after such documentation as may be requested by the Committee is provided to the Committee.

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: rate). Rather, SES seeks the difference between its actual costs and the prevailing rates specified in the contract capped at a rate the City never asked SES to pay. SES received the benefit of its bargain; it was required to pay a prevailing wage to its workers as a minimum in exchange for the lump sum amount under the contract. That SES paid its workers amounts that exceeded both of those minimums is a separate matter that the contract leaves to SES’s discretion, and it does not obligate the City to assume the cost of those rates. In response, SES points out that the contract relieved it of any duty to verify that the prevailing wage rates that the City provided were correct. It cites section 3.12.3 of the agreement: “It is not the Contractor’s responsibi 1106, 1121-22 (S.D.Tex.1994) (<HOLDING>); see also Mas-Tec N. Am., Inc. v. El Paso Options: A. holding that contractor could recover damages from owner for misrepresenting site conditions despite contractors right to investigate site before bidding because owner represented that data it included in contract was sufficient information for contractor to prepare its bid B. holding that if contractor is hable to sub that liability though not yet satisfied by payment might well constitute actual damages to the contractor and sustain their suit under rule that contractor may only sue to recover its own damages C. holding that contractor could recover damages from owner for losses due to delay although contractor agreed to assume responsibility for timely completing work for agreed compensation because owner agreed to be liable for causing delays in contractors work schedule D. holding a premises owner is a general contractor for purposes of the statutory employer provision E. holding that where owner and contractor frequently discussed progress of construction project and advancement of money by owner to contractor and contractor misappropriated some of the money debt was not excepted from discharge under bankruptcy code 523a2 because owner did not show that contractor had intent not to perform when the agreement was made

assistant: The best answer is A. holding that contractor could recover damages from owner for misrepresenting site conditions despite contractors right to investigate site before bidding because owner represented that data it included in contract was sufficient information for contractor to prepare its bid
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 and the other Bond Documents represent the final agreement among the parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. There are no unwritten oral agreements among the parties. Notwithstanding the foregoing, the Commitment Letter and the Fee Letters (and any separate letter agreements with respect to fees payable to the Administrative Agent or the Collateral Agent) shall, to the extent expressly provided therein, survive the execution and delivery of this Agreement and remain in full force and effect.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: trading items are a category of content , and niantic grants you a limited , nontransferable , non-sublicensable , revocable license to use such trading items in conjunction with your personal , noncommercial use of the services .

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 constitutes, and the other Loan Documents to which Borrower or any other Obligated Party is a party and the Intercreditor Agreement to the extent Borrower or any other Obligated Party is party thereto, when delivered, shall constitute legal, valid, and binding obligations of such Person, enforceable against such Person in accordance with their respective terms, except as limited by Debtor Relief Laws and by general principles of equity, whether applied by a court of law or equity.

assistant: Enforceability
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 embodies the entire understanding and agreement between the Parties with respect to the subject matter hereof and thereof, and supersedes all prior agreements, understandings and inducements, whether express or implied, oral or written, in regard to the subject matter hereof or thereof.

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: Except as otherwise expressly set forth herein, this Agreement, together with the agreements and other documents and instruments referred to herein, embodies the complete agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes and preempts any prior understandings, agreements, or representations by or among the parties, written or oral, that may have related to the subject matter hereof in any way.

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 Agreement shall commence on the Effective Date and, unless terminated earlier pursuant to this Article 13, shall continue in full force and effect, on a Product-by-Product and country-by-country basis until the Secondary Royalty Term with respect to such Product expires, at which time this Agreement shall expire in its entirety with respect to such Product in such country. Upon expiration of this Agreement, the licenses granted to Ono under Section 2.1 shall become non-exclusive, fully paid-up, irrevocable, perpetual, royalty free licenses, with sublicensing rights, to Develop, Manufacture, and/or Commercialize the Products in the Ono Territory. From and after the expiration of this Agreement, Ono shall have the exclusive, fully paid up, royalty-free right to use (i) Product Trademarks assigned to Ono under Section 12.2, and (ii) those Domain Names licensed to Ono under Section 12.6, in each case solely for purposes of, and to the extent necessary, for Ono to continue to Commercialize the Products in the Field in the Ono Territory.

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 legal provision and list the applicable contract clause categories. Provision: Seller is not, nor to its knowledge, is any of its Affiliates (i) an “enemy” or an “ally of the enemy” within the meaning of Section 2 of the Trading with the Enemy Act of the United States (50 U.S.C. App. §§ 1 et seq. ), (ii) in violation of (A) the Trading with the Enemy Act, (B) any of the foreign assets control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V) or any enabling legislation or executive order relating thereto or (C) the Patriot Act (collectively, the “Anti-Terrorism Laws” ) or (iii) a Sanctioned Person. No part of the proceeds of any Cash Investment hereunder will be unlawfully used directly or indirectly to fund any operations in, finance any investments or activities in or make any payments to, a Sanctioned Person or a Sanctioned Country, or in any other manner that will result in any violation by any Person (including the Purchaser) of any Anti-Terrorism Laws. Seller has implemented and maintains in effect policies and procedures designed to ensure compliance by Seller and its directors, officers, employees and agents in all material respects with Anti-Corruption Laws and applicable Sanctions, and Seller and, to its knowledge, its directors, officers, employees and agents, are in compliance with Anti-Corruption Laws and applicable Sanctions in all material respects.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: principles developed in caselaw (an implication which is supported by the arbitrator’s citation to authority in support of his use of equity) rather than any personal view of right and wrong. Second, the arbitration agreement undoubtedly gave the arbitrator authority to invoke equity, as it provided him with the power to award any relief which a court could award. The arbitrator, therefore, acted — or at least arguably acted— within the scope of his authority when he noted that equity supports the certification of an opt-out class. Finally, even if Respondents have — at the very most — raised an arguable issue as to whether the arbitrator exceeded the scope of his powers, the Court is without authority to vacate the arbitrator’s decision. Am. Postal Workers Union, 204 F.3d at 527 (<HOLDING>). Therefore, the Court cannot say that the Options: A. holding that for immunity an official must first prove that he was acting within the scope of his discretionary authority when the allegedly wrongful acts occurred B. holding that the court has an affirmative obligation to ensure that it is acting within the scope of its jurisdictional authority C. holding that congress may impose its will on the states as long as it is acting within the powers granted by the constitution D. holding that as long as the arbitrator is even arguably construing or applying the contract and acting within the scope of his authority a court should not vacate his decision E. holding that as long as the arbitrator is even arguably construing or applying the contract and acting within his scope of authority that a court is convinced he committed serious error does not suffice to overturn his decision

assistant: The best answer is D. holding that as long as the arbitrator is even arguably construing or applying the contract and acting within the scope of his authority a court should not vacate his decision
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All representations and warranties of each Note Party contained in this Agreement and the other Note Documents shall be true at the time of such Note Party’s execution of this Agreement and the other Note Documents, and shall survive the execution, delivery and acceptance thereof by the parties thereto and the closing of the transactions described therein or related thereto.

assistant: Warranties
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 notices, requests, demands and other communications provided for by this Agreement shall be sufficient if in writing and if sent by registered or certified mail, in the case of the Executive, to the last address Executive has provided in writing to the Bank, or, in the case of the Bank, to the Bank’s corporate headquarters.

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: merely reckless toward the possibility that his conduct might have a certain consequence.” Marianne Wesson, Crimes and Defenses in Colorado 24 (1989). The culpable mental states for conspiracy and for reckless manslaughter are legally and logically inconsistent. The crime of conspiracy to commit reckless manslaughter would require that the defendant have the specific intent to commit reckless manslaughter. Crimes of recklessness are, by definition, crimes that are committed unintentionally, but with a conscious disregard for a substantial and unjustifiable risk that a result will occur. Thus, the state of mind required for reckless manslaughter is irreconcilable with the specific intent required for conspiracy. See State v. Toczko, 23 Conn.App. 502, 582 A.2d 769, 772 (Conn.App.Ct.1990) (<HOLDING>); Wayne R. LaFave & Austin W. Scott, Jr., Options: A. holding claim is not cognizable B. holding that a case is moot when the parties lack a legally cognizable interest in the outcome C. holding that conspiracy to commit manslaughter is not legally cognizable because the death of the victim is unintended D. holding a claim for patronage dismissal was legally cognizable E. holding claim is cognizable

assistant: The best answer is C. holding that conspiracy to commit manslaughter is not legally cognizable because the death of the victim is unintended
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 4. The receiving Party hereby covenants that, during the validity period of this Agreement and for a period of five (5) years after its end or its termination, the Proprietary Information received from the disclosing Party shall: (b) be only disclosed to and used by those persons who have a need to know and solely for the purpose specified in this Agreement, within the receiving Party's organisation and to its professional advisors, provided that in this latter case the disclosing Party so notifies the other Party and obtains the authorization from the other Party to make such disclosure, such authorization not being unreasonably withheld, and provided that such advisor(s) agree(s) to be bound by the terms and conditions of this Agreement.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 378 U.S. 576 84 S.Ct. 1903 12 L.Ed.2d 1033 S. Robert TRALINSv.Richard E. GERSTEIN. No. 246. Supreme Court of the United States June 22, 1964 Richard Yale Feder and Howard W. Dixon, for petitioner. Richard W. Ervin, Atty. Gen. of Florida, Herbert P. Benn and Leonard R. Mellon, Asst. Attys. Gen., and Glenn C. Mincer, for respondent. On Petition for Writ of Certiorari to the District Court of Appeal of Florida. PER CURIAM. 1 The petition for a writ of certiorari is granted, and the judgment is reversed. Mr. Justice BLACK and Mr. Justice DOUGLAS would reverse for the reasons stated in the opinion of Mr. Justice Black in Jacobellis v. Ohio, 378 U.S. 96, 84 S.Ct. 1682. Mr. Justice BRENNAN and Mr. Justice GOLDBERG would reverse for the reasons stated in the opinion of Mr. Justice Brennan in Jacobellis, 378 U.S. 184, 84 S.Ct. 1677. Mr. Justice STEWART would reverse for the reasons stated in his opinion in Jacobellis, 378 U.S. 197, 84 S.Ct. 1683. THE CHIEF JUSTICE, Mr. Justice CLARK, Mr. Justice HARLAN, and Mr. Justice WHITE are of the opinion that certiorari should be denied.

assistant: 3
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The representations and warranties of Seller set forth in Section 7(a) hereof as updated by any Post-Effective Date Changes and the certificate of Seller to be delivered to Purchaser at Closing, shall survive Closing for a period of nine (9) months (the “ Survival Period ”); provided, that , the representations and warranties of Seller set forth in Sections 7(a)(i) and (xi) hereof shall survive Closing and shall be continuing representations and warranties without limitation. No claim for a breach of any representation or warranty of Seller shall be actionable or payable (i) if the breach in question results from or is based on a condition, state of facts or other matter of which Purchaser had actual knowledge prior to Closing, (ii) unless the valid claims for all such breaches (including, without limitation, all attorneys’ fees and court costs) collectively aggregate more than One Hundred Fifty Thousand and No/100 Dollars ($150,000.00), in which event the full amount of such claims shall be actionable, and (iii) unless an action shall have been commenced by Purchaser against Seller prior to the expiration of said nine (9) month period. Notwithstanding anything herein to the contrary, in no event shall Seller’s aggregate liability to Purchaser under this Agreement, including, without limitation, liability for breach of any representation or warranty of Seller in this Agreement, exceed the sum of two percent (2%) of the Purchase Price.

assistant: Warranties