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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Q: next argues that the standstill agreement initially executed on January 24, and repeatedly extended until March 26, tolled the running of the sixty-day cure period provided in the Distribution Agreement, and that because the parties entered into the initial standstill agreement four days before the end of the cure period, Innomed was entitled to four additional days to cure the breach beyond the expiration of the last standstill agreement on March 26, 2001. We agree with the district court, however, that the language of the standstill agreement unambiguously indicates that the parties agreed simply to postpone the date on which the termination would become effective, rather than to toll the running of the cure period. See Bourne v. Walt Disney Co., 68 F.3d 621, 629 (2d Cir.1995) (<HOLDING>) (internal quotation marks and citations
Holding statements: (A) holding that if the contract can be given a definite and certain meaning or interpretation the contract is not ambiguous and will be construed by the court as a matter of law (B) holding that where the language of the contract is unambiguous and conveys a definite meaning the court may decide the meaning of the contract as a matter of law (C) holding that when a contract is unambiguous the court will enforce the plain meaning of the contract as the intention of the parties (D) holding as a general rule of contract law if no other meaning is reasonable the court shall rule as a matter of law that the meaning is established (E) holding that where each side ascribes a different meaning to what the sides claim is the unambiguous language in a contract the contract is ambiguous and summary judgment is improper

A: holding that if the contract can be given a definite and certain meaning or interpretation the contract is not ambiguous and will be construed by the court as a matter of law
****
Q: face," id. at 61, 90 S.Ct. 1555, it held that the exception for any portrayal that "does not tend to discredit [the] armed force[s]" impermissibly restricted expression on the basis of viewpoint. See id. at 62-63, 90 S.Ct. 1555. Here, as in Schacht, defendants may be constitutionally permitted to prohibit all fraternal organizations from marching in uniform. But it does not follow from this premise that defendants have the seemingly lesser included authority to ban only some organizations from marching in uniform. Under Schacht, and under other Supreme Court cases involving selective prohibitions on expression, defendants' selectivity must itself pass constitutional muster. Cf. City of Cincinnati v. Discovery Network, Inc., 507 U.S. 410, 425-28, 113 S.Ct. 1505, 123 L.Ed.2d 99 (1993) (<HOLDING>); Carey v. Brown, 447 U.S. 455, 465, 100 S.Ct.
Holding statements: (A) holding that cincinnati could not ban commercial newsracks from public property while allowing noncommercial newsracks even if the city might entirely prohibit the use of newsracks on public property (B) holding ban on newsracks to be contentbased because determining whether a newsrack fell within ban required reference to a publications content (C) holding lease of property was a commercial transaction where the property was for commercial ranching but a residence was maintained on the property (D) holding that a public school did not create a public forum by allowing commercial advertising on a baseball field fence (E) holding not only does cincinnatis categorical ban on commercial newsracks place too much importance on the distinction between commercial and noncommercial speech but in this case the distinction bears no relationship whatsoever to the particular interests that the city has asserted

A: holding ban on newsracks to be contentbased because determining whether a newsrack fell within ban required reference to a publications content
****
Q: production: it must ensure that the evidence upon which the movant relies supports the facts asserted; confirm that the facts entitle the moving party to judgment as a matter of law; and set forth its reasoning for granting summary judgment. See Vt. Teddy Bear, 373 F.3d at 244; see also Giannullo v. City of N.Y., 322 F.3d 139, 143 n. 5 (2d Cir.2003) (noting that granting summary judgment without verifying the supporting facts "would derogate the truth-finding functions of the judicial process by substituting convenience for facts"); Fed.R.Civ.P. 56(a), (e)(3). We have examined the record evidence and considered the factual allegations in Alzawahra's verified amended complaint, insofar as they are in the form of admissible evidence. See Colon v. Coughlin, 58 F.3d 865, 872 (2d Cir.1995) (<HOLDING>). Even drawing all permissible inferences in
Holding statements: (A) holding that summary judgment is not appropriate where matters of credibility and determining the weight of the evidence exist (B) holding that the function of the trial court on a motion for summary judgment is to determine whether issues of fact exist and not to decide the merits of the issues themselves (C) holding that a verified complaint can be considered as summary judgment evidence only to the extent that it comports with the requirements of rule 56e (D) holding that when there are no genuine issues of material fact summary judgment is appropriate (E) holding that a verified complaint is treated as an affidavit for summary judgment purposes and considered in determining whether material issues of fact exist

A:
holding that summary judgment is not appropriate where matters of credibility and determining the weight of the evidence exist
****