In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Example Input: claim because "she was not diligent in preserving her legal rights”); Felty, 818 F.2d at 1129 ("One who fails to act diligently cannot invoke equitable principles to excuse that lack of diligence.”) (quoting Baldwin County Welcome Ctr. v. Brown, 466 U.S. 147, 151, 104 S.Ct. 1723, 80 L.Ed.2d 196 (1984)); United States ex rel. Cogifer, S.A. v. Ins. Co. of North Am., Civ. A. No. 86-183-NN, 1987 WL 19932, at *4 (E.D.Va. Oct. 15, 1987) (unpublished). 11 . See, e.g., Cada v. Baxter Healthcare Corp., 920 F.2d 446, 450-51 (7th Cir. 1990). 12 . See, e.g., Humble Oil, 402 F.2d at 896 (finding equitable estoppel where surety reneged on promise to pay after statute of limitations had run). 13 . See, e.g., United States ex rel. Nelson v. Reliance Ins. Co., 436 F.2d 1366, 1371 (10th Cir.1971) (<HOLDING>); United States ex rel. Atlas Erection Co. v. 
 Holding statements: (A) holding that a performance bond surety was allowed to sue the government based on the doctrine of equitable subrogation (B) holding that an agreement which required the submission of an affidavit of payment to subcontractors or lien waivers before payment was made by the general contractor was for the direct benefit of the subcontractors (C) holding that a surety has standing to sue for a progress payment released by the government after notification by the surety of unpaid subcontractors (D) holding that estoppel applied where surety repeatedly responded to subcontractors threats to sue with answers which assured them that amicable settlement was just around the corner (E) holding that there is no privity of contract between the government and a surety since the government is not a party to the agreement between the surety and the contractor the government never undertakes an obligation to the surety
Example Output: holding that a performance bond surety was allowed to sue the government based on the doctrine of equitable subrogation

Example Input: in a 3-2 decision does not settle the intent issue, because Honkanen did not consider the difference between intent to injure or inflict pain and intent to correct. Additionally, Honkanen’s rationale may be outdated in light of the 2001 amendments to NRS 48.061, which expand the use of bad-act evidence in domestic violence cases, 2001 Nev. Stat., ch. 360, § 1, at 169; see NRS 33.018(1)(a) (defining “domestic violence” to include battery on an accused’s minor child), and Bigpond, which recognizes that character evidence can be admissible so long as it has a credible, non- propensity purpose, such as explaining the relationship dynamics between a domestic-violence victim and the accused. 128 Nev. at 111, 270 P.3d at 1246; see also Harris v. State, 195 P.3d 161, 182 (Alaska Ct. App. 2008) (<HOLDING>). Cherry, J., concurring in part and dissenting 
 Holding statements: (A) holding that admission of rule 404b evidence was proper (B) holding that a new trial was the remedy for erroneous admission of rule 404b evidence (C) recognizing that the holding in harvey v state 604 p2d 586 590 alaska 1979 a case similar to honkanen had been abrogated by the amendment of alaskas rule 404b to allow admission of prior incidents of domestic violence as an exception to the general rule against admitting such evidence (D) recognizing general rule (E) recognizing this as the general rule
Example Output: holding that admission of rule 404b evidence was proper

Example Input: Ctr. of DeSoto, Tex., Inc. v. Mason, 143 S.W.3d 794, 798 (Tex.2004). 4 . Reata Constr. Corp. v. City of Dallas, 197 S.W.3d 371, 374 (Tex.2006). 5 . Tooke v. City of Mexia, 197 S.W.3d 325, 328-29 (Tex.2006); Duhart v. State, 610 S.W.2d 740, 742 (Tex.1980). 6 . Tex. Loc. Gov't Code Ann. § 271.152 (Vernon 2005). 7 . Id. at § 271.153(a). 8 . Id. at § 271.153(b)(1), (b)(3). 9 . Id. at § 271.151(2). 10 . Id. at§ 271.151(3)(C). 11 . See Tooke, 197 S.W.3d at 328-29 (noting that sovereign immunity is waived only by clear and unambiguous language). 12 . See Tex. Water Code Ann. § 49.001(a)(1) (Vernon Supp.2007). 13 . Id. § 49.066(a). 14 . Bexar Metro. Water Dist. v. Educ. and Econ. Dev. Joint Venture, 220 S.W.3d 25, 31 (Tex.App.-San Antonio 2006, pet. filed); see also Tooke, 197 S.W.3d at 342 (<HOLDING>)- 15 . Matheus v. Sasser, 164 S.W.3d 453, 459 
 Holding statements: (A) holding that a state may waive its sovereign immunity (B) holding that the trustee alone has the capacity to sue and be sued  (C) holding that sue and be sued provisions of agencies should be liberally construed and that  authorization of suits against federal entities engaged in commercial activities may waive sovereign immunity from awards of interest as an incident of suit  (D) holding that the words sue and be sued when used in a statute do not by themselves waive immunity (E) holding that plaintiffs do not lose their right to sue for damages sustained within statute of limitations period by failing to sue on earlier incidents in timely manner
Example Output:
holding that a state may waive its sovereign immunity