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.

[Q]: language, by its express terms, releases only the Club and the Designer. It does not release the Manufacturer either by name or subject matter. 3. Pre-versus-Post-injury Releases In a different line of argument, appellees argue a release mentioning general subject matter is enough to release any and all claims even marginally related to that subject matter. Appellees contend that because the clause releases liability “from injuries or damages arriving [sic] out of or connected with [Sydlik’s] attendance” it necessarily includes any and all claims resulting from an injury connected with Sydlik’s attendance at the gym — in essence all of Sydlik’s claims in this case. As support, appellees cite Memorial Medical Center of East Texas v. Keszler, 943 S.W.2d 433, 435 (Tex.1997) (per curiam) (<HOLDING>). Appellees fail to address two problems with 
 Holding statements: (A) holding that inclusion of a general release was merely a suggestion of how to terminate the lawsuit and that acceptance was not qualified on use of the specific release and party was willing to discuss the terms of a release (B) holding that a general release of all claims did not operate by its terms to bar prospective antitrust claims nor could it in view of public policy (C) holding that a release covering all claims relating to keszlers relationship with the hospital was enough to release claims arising out of exposure to hazardous materi als (D) holding that a release between two parties cannot bind a thirdparty who was a stranger to the release (E) holding that a release of unknown claims has no effect in the absence of evidence apart from the words of the release
[A]: (C)


[Q]: (9th Cir.2003) (<HOLDING>).' Amara’s remaining contentions are 
 Holding statements: (A) holding that proper remedy for failure to exhaust is dismissal of the claim without prejudice (B) recognizing that dismissal may be proper where plaintiff concedes the failure to exhaust (C) holding that dismissal of a pro se complaint for failure to state a claim should generally be without prejudice but if the plaintiff has been given an opportunity amend his complaint and fails to do so the dismissal may be with prejudice (D) holding dismissal with prejudice is appropriate remedy for failure to timely file undertaking (E) holding that a review committee of the kansas board for discipline of attorneys had the authority to dismiss a complaint against an attorney with or without prejudice and when dismissal was ordered without specifying the nature of the dismissal the dismissal was without prejudice to the filing of later proceedings on the same matter
[A]: (A)


[Q]: was not true, and that she was, in fact, involved in an extramarital affair with Sehalk. 2 . Calvert High School has been dismissed as a party defendant. 3 . There is no Count VII in the complaint. 4 . It is unnecessaiy for the Court to address the issue of whether Plaintiff was an "otherwise qualified individual with a disability,” see 42 U.S.C. § 12102(2)(A), since she cannot meet the third prong of the test, see infra. 5 . Whether a plaintiff can bring a cause of action for "false light” publicity in Ohio is a matter of some uncertainty. In M.J. DiCorpo, Inc. v. Sweeney, 69 Ohio St.3d 497, 634 N.E.2d 203 (1994), the Ohio Supreme Court expressly declined either to adopt or reject such a cause of action. Appellate Courts in Ohio are split on the issue. Compare Piro and Killilea (<HOLDING>) with Bertsch v. Communications Workers of Am. 
 Holding statements: (A) recognizing cause of action for wrongful death (B) recognizing cause of action for wrongful discharge (C) recognizing the cause of action (D) recognizing cause of action for loss of consortium (E) holding that dismissal is proper for a derivative cause of action but not for a direct cause of action
[A]:
(C)