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.

a sergeant entered the house with her. 2 . Harris testified that he opened the door for the police: "I saw them coming, so I just opened the door." However, Officer Shepard testified that she knocked on the door and that after no one answered she entered the house through the door, which was unlocked. 3 . We decline to reach the question whether the warrantless entry and the search by the police officers were justified by exigent circumstances. See Mincey v. Arizona, 437 U.S. 385, 390, 98 S.Ct. 2408, 57 L.Ed.2d 290 (1978)(rejecting a "murder scene exception" created by the Supreme Court of Arizona to the requirement of obtaining a warrant). See also Thompson v. Louisiana, 469 U.S. 17, 22, 105 S.Ct. 409, 83 L.Ed.2d 246 (1984)(applying Mincey); Ex parte Usrey, 527 So.2d 732 (Ala.1987) (<HOLDING>); A.A.G. v. State, 668 So.2d 122, 128
Holding statements: (A) holding no liability existed under the circumstances (B) holding that once the scene was secure exigent circumstances no longer existed and the police were required to obtain a search warrant (C) holding that exigent circumstances were created by dissipation of bloodalcohol content in time needed to obtain a warrant (D) holding that exigent circumstances were present because evidence of bloodalcohol content could disappear during the time necessary to obtain a warrant (E) recognizing that exigent circumstances do not excuse the failure to secure a warrant when those circumstances are created by government officials who unreasonably and deliberately delay or avoid obtaining the warrant
(B)

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
(C)

administrative complaint has expired, and an exhaustion requirement would preclude a civil suit. The primary goal of the exhaustion requirement is to prevent simultaneous proceedings regarding the same claim. The amended regulations resolve this problem, and the Government concedes exhaustion is not necessary. Consequently, the agency no longer supports the requirement. Thus, we hold that the amended regulations eliminate the exhaustion requirement for age discrimination claims and vacate the district court's dismissal for lack of subject matter jurisdiction and remand. VACATED and REMANDED. No costs allowed. 1 . We emphasize that our holding is limited to age discrimination claims governed by EEOC regulations. See, e.g., EEOC v. Farmer Bros. Co., 31 F.3d 891, 899 (9th Cir.1994)
Holding statements: (A) holding that an alien must exhaust administrative remedies before seeking habeas relief from detention (B) holding that a plaintiff need not exhaust his administrative remedies to bring a retaliation claim (C) holding claimant must exhaust administrative remedies before litigating discriminatory lay off claim (D) holding that the prisoner must exhaust his administrative remedies as to each defendant later sued (E) recognizing the general rule that parties must exhaust prescribed administrative remedies before seeking relief from federal courts
(C)