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.

matter. When it is clear, however, from the relevant parts of the contract taken together and considered with the facts and circumstances surrounding the execution of the agreement, that the obligation in question was within the contemplation of the parties or was necessary to effect their intention, then such obligation may be implied and enforced. But when the contract between the parties speaks to the obligation sought to be implied, the courts will not write that implied obligation into the contract. Stated conversely, there may be an implied covenant on the part of the lessee (in the absence of any expressed on the subject as in the lease).[ ] Id. (citations, alterations, and quotation omitted). See also Nearburg v. Yates Petroleum Corp., 123 N.M. 526, 943 P.2d 560, 569 (1997) (<HOLDING>). Thus, in accordance with New Mexico law, any 
 Holding statements: (A) recognizing that endorsement would prevail if inconsistent with policy provisions (B) holding that courts cannot imply covenants which are inconsistent with express provisions (C) holding that state courts may not enforce racially restrictive covenants (D) holding that the restrictive covenants at issue are unenforceable as a matter of public policy (E) holding that the law will not imply a contract where there is an existing express contract covering the same subject matter
(B)

WTT Project area as defined by the Corps. NEF contends that we need not consider the State’s argument because the State failed to raise this argument in its initial motion to clarify, instead raising it for the first time in its Rule 59(e) motion. “Rule 59(e) motions are ‘aimed at reconsideration, not initial consideration.’ ” FDIC v. World Univ., Inc., 978 F.2d 10, 16 (1st Cir.1992) (quoting Harley-Davidson Motor Co., Inc. v. Bank of New England, 897 F.2d 611, 616 (1st Cir.1990)). In World University, this Court held that the defendant’s argument, which it raised for the first time in a Rule 59(e) motion, was barred where there was no reason why the defendant could not have presented its argument prior to its motion to alter or amend the judgment. Id.; see also Engler, 146 F.3d at 374 (<HOLDING>). This rule, however, does not cover the facts 
 Holding statements: (A) holding that the appellant waived an argument listed only in his summary of the argument (B) holding that a party in a habeas case waives an argument by failing to raise it before the district court (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that an argument was barred where the movant could have but did not raise its argument before the district court ruled in the original motion (E) holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court
(D)

v. State, 175 Ga. App. 234, 238-39 (4) (333 SE2d 103) (1985) (reversing conviction when there was no evidence that firearm found near defendant was on defendant’s person during commission of the crime). 32 Carswell, 251 Ga. App. at 735 (1) (b) (emphasi at jury could “consider the evidence concerning the small size and crowded conditions within the residence and infer that it was inevitable” that defendant passed even momentarily within arm’s reach of a firearm hidden under a couch that was positioned behind a coffee table containing cocaine). 36 Copeland v. State, 228 Ga. App. 734, 736 (1) (492 SE2d 723) (1997), declined to follow on other grounds, Weems v. State, 269 Ga. 577, 579 (2) & n.2 (501 SE2d 806) (1998). Cf. Ferguson v. State, 307 Ga. App. 232, 233 (1) (704 SE2d 470) (2010) (<HOLDING>). 37 See Martinez v. State, 303 Ga. App. 166, 
 Holding statements: (A) holding that evidence in an inadmissible form may be considered at the summary judgment stage as long as the evidence is submitted in an admissible form at trial (B) holding inter alia that a jury may consider a defendants appearance at trial in conjunction with the evidence submitted at trial in order to resolve conflicts in the testimony presented (C) holding that the trial court properly added a party defendant to conform to the evidence presented at the trial (D) holding that the sixth amendments guarantee of a trial by jury requires the jury to base its verdict only on the evidence presented at trial (E) holding that the sixth amendments guarantee of a trial by jury requiresthe jury to base its verdict only on the evidence presented at trial

(B)