TASK DEFINITION: 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.
PROBLEM: evidence to conclude that the government’s conduct in this case amounted to a material breach, it denied Malone’s appeal. 87-2 BCA 1119,758, at 99,966. In our view, the government materially breached this contract. According to Restatement (Second) of Contracts § 241(e) (1981), “the extent to which the behavior of [a] party failing to perform ... comports with standards of good faith and fair dealing” is a significant factor in determining whether that party’s breach is material. The Restatement also states that “[sjubter-fuges and evasions violate the obligation of good faith,” as does lack of diligence and interference with or failure to cooperate in the other party’s performance. Id. § 205 comment d; cf. Lewis-Nicholson, Inc. v. United States, 550 F.2d 26, 32, 213 Ct.Cl. 192 (1977) (<HOLDING>); Peter Kiewit Sons’ Co. v. United States, 151 
 Holding statements: (A) holding that subcontractor could recover damages from general contractor for delay in performance under state law (B) holding that the implied covenant of good faith and fair dealing is limited to performance under a contract (C) holding that governmentcaused delay in contractor performance violated implied duty not to hinder performance of other party (D) holding that performance may be valid acceptance (E) holding that prior positive performance evaluations are not dispositive as to whether the employer was satisfied with the employees performance by the time of the termination

SOLUTION: (C)

PROBLEM: magistrate judge denied the motion, explaining that Mr. Schueller’s subjective perceptions did not demonstrate judicial bias and his claims were not based on any extrajudicial source to support a bias or partiality challenge. We generally review the denial of a recusal motion for abuse of discretion. ClearOne Comm’cns, Inc. v. Bowers, 651 F.3d 1200, 1217 (10th Cir.2011). For the reasons stated in the magistrate judge’s order denying recusal, we determine that recusal was not warranted and we find no abuse of discretion in the denial of the motion to recuse. To the extent Mr. Schueller now claims that the district judge was biased against him, he did not raise this issue to the district court, so we do not address it. See Koch v. Koch Indus., Inc., 203 F.3d 1202, 1239 (10th Cir.2000) (<HOLDING>). III. CONCLUSION Wells Fargo’s motion for 
 Holding statements: (A) holding plaintiffs waived their bias argument on appeal because they failed to timely move for disqualification (B) holding that the defendant waived argument on appeal by failing to develop a cogent argument (C) holding that party waived argument by failing to brief it on appeal (D) holding argument not asserted before district court is waived on appeal (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

SOLUTION: (A)

PROBLEM: Hauer & Feld, L.L.P., 105 S.W.3d 244, 252 (Tex.App.-Houston [14th. Dist.] 2003, pet. denied); Int'l Bank of Commerce-Brownsville v. Int’l Energy Dev. Corp., 981 S.W.2d 38, 48 (Tex.App.-Corpus Christi 1998, pet. denied), cert. denied, 528 U.S. 1137, 120 S.Ct. 982, 145 L.Ed.2d 932 (2000); Bull HN Info. Sys., Inc. v. Hutson, 229 F.3d 321, 331 (1st Cir.2000). 12 . Tex. Commerce Bank v. Universal Technical Inst. of Tex., Inc., 985 S.W.2d 678, 680 (Tex. App.-Houston [1st Dist.] 1999, pet. dism’d w.o.j.). 13 . Burlington N. R.R. Co. v. TUCO, Inc., 960 S.W.2d 629, 636 (Tex.1997); Tex. Commerce Bank, 985 S.W.2d at 680. 14 . See, e.g., TUCO, 960 S.W.2d at 633. 15 . Id. at 637. 16 . See Houston Vill. Builders, Inc. v. Falbaum, 105 S.W.3d 28, 35 (Tex.App.-Houston [14th Dist.] 2003, pet. denied) (<HOLDING>); Tex. Commerce Bank, 985 S.W.2d at 681 
 Holding statements: (A) holding that upon vacating an arbitration award the court has the discretion to remand to the same arbitrator or different arbitrator (B) holding that each individual member of an unincorporated association is a client of the associations lawyer (C) holding that undisclosed representation of an association that the arbitrator disclosed he was a member of and the association will be affected by the outcome of the case is evident partiality (D) holding that while the determination of the scope of an arbitration agreement is for the court the enforcement of pleading requirements before the arbitrator is a procedural matter for the arbitrator (E) holding that because the parties agreed to arbitrate and both placed the issue before the arbitrator the issue of consolidation was for the arbitrator

SOLUTION:
(C)