instruction:
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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
of Liability Provisions SBVS argues that Plaintiffs are not entitled to lost rent or diminution in value damages because both of the Agreements contain provisions barring the award of consequential damages. The Court concludes that the enforceability of these provisions turns on disputed facts and, therefore, that summary judgment on this issue is improper. Generally, provisions limiting liability in construction contracts are enforceable under California law so long as the parties negotiated and expressly agreed to the limitations. See Cal. Civ.Code § 2782.5. However, such a provision is unenforceable if it is unconscionable or otherwise contrary to public policy. Markborough California, Inc. v. The Superior Court of Riverside County, 227 Cal.App.3d 705, 715, 277 Cal.Rptr. 919 (1991) (<HOLDING>). Under § 1668 of the California Civil Code, 
 Holding statements: (A) holding that plaintiffs who had been served and received responses to interrogatories on personal jurisdiction had had such a fair opportunity (B) holding that a plaintiff had no injury in fact and consequently no standing when it had no enforceable contract right against the defendant (C) holding contract not unconscionable where parties were of equal bargaining power plaintiff had opportunity to have an attorney review the contract the contract was clear and easily read the plaintiff had been a party to similar contracts in the past and was under no financial pressure to sign the con tract (D) holding that the plaintiff had failed to establish procedural unconscionability since he had a reasonable opportunity to consider the agreement and the arbitration clause was clearly set forth in the contract (E) holding that limitation of liability clause in construction contract that is not unconscionable or in violation of public policy is valid so long as parties had a fair opportunity to accept reject or modify limitation and affirming summary judgment on basis that plaintiff had presented no evidence that it had had no such opportunity
answer:
(E)


question:
or “plain error” exists. See, e.g., State v. Brown, 853 P.2d 851, 853-54 (Utah 1992); State v. Gibbons, 740 P.2d 1309, 1311 (Utah 1987); State v. Steggell, 660 P.2d 252, 254 (Utah 1983). In the present case, or in any similar case, the only way that a defendant could challenge the constitutionality of section 78 — 3—31(6)(a) would be first to consent to a hearing by a commissioner and then to challenge the validity of that very consent. Such a procedure would likely be futile inasmuch as it would invariably result in the withdrawal of the consent, either by the defendant or by court order. Indeed, absent the approach taken by Ohms, it is unlikely that section 78-3-31(6)(a) would ever be subject to constitutional scrutiny. This is precisely the sort of exceptional circu Ct.App.1990) (<HOLDING>). For example, a legislator cannot appoint 
 Holding statements: (A) holding that utah const art vi  1 limits legislatures ability to delegate legislative powers or functions to others (B) holding that the governor of new york has only those powers delegated to him by the state constitution and the statutes (C) holding that the contact clause reaches every form in which the legislative power of a state is exerted whether it be a constitution a constitutional amendment an enactment of the legislature a bylaw or ordinance of a municipal corporation or a regulation or order of some other instrumentality of the state exercising delegated legislative authority (D) holding that crime definition and penalty powers are essential legislative functions that cannot constitutionally be delegated by the utah legislature to any other person or body (E) holding that legislative functions such as powers of zoning and rezoning cannot be delegated
answer:
(D)


question:
was a justifiable change of methodology as long as such change in position was reasonably supported by the record. 2. Agency’s Reconsideration of Its Determination After Issuance of Preliminary Results An agency’s reconsideration of its determination after issuance of prelimi nary results does not necessarily mean that the parties affected by the determination have been denied due process of law. A party subject to or affected by the review does not have a due process right to notice and comment on the agency’s change in position if, throughout the agency’s investigation, the party was reasonably on notice that the agency was considering the alternative ultimately used in the final determination. See Tehnoimportexport v. United States, 15 CIT 250, 255, 766 F.Supp. 1169, 1175 (1991) (<HOLDING>); accord Kerr-McGee Chem. Corp. v. United 
 Holding statements: (A) holding that commerce has no obligation to notify the parties beforehand that commerce had chosen a surrogate country different from that designated in the initial determination (B) holding that commerce clause authorizes congress to punish any particular criminal action even without proof of a relation to interstate commerce when the activity is part of a class of activities determined by congress to affect interstate commerce (C) holding that nothing in the statute prohibits commerce from valuing the fop as it did because commerce does not have to duplicate the exact production experience of an nme manufacturer at the expense of choosing a surrogate that most accurately represents the fmv of the surrogate in the hypothetically created marketeconomy version of the nme (D) holding the limitations to congresss commerce clause authority recognized in lopez have no effect on the establishment of the interstate commerce element of the hobbs act (E) holding that the statute as applied violates the commerce clause
answer:

(A)