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]: 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
[A]: (C)

[Q]: process." Final Rule Establishing an Administrative Appeal Process for the Regulatory Program of the Corps of Engineers, 65 Fed. Reg. at 16488. Additionally, the preamble notes that, because physical circum stances can change over time, "JDs are not necessarily 'final' even as an administrative matter." Id. Based on the foregoing, it seems rather doubtful that the Corps' decision to certify Dr. Booth's delineation constituted a final determination entitled to preclusive effect. See Zurcher v. Bilton, 379 S.C. 132, 135, 666 S.E.2d 224, 226 (2008) (issue preclusion applies when an issue has been "actually litigated and determined by a valid and final judgment") (emphasis added). 10 . See Chasm Hydro, Inc. v. N.Y. State Dep't of Envtl. Conservation, 58 A.D.3d 1100, 872 N.Y.S.2d 235 (2009) (<HOLDING>). 11 . See Ouellette, 479 U.S. 481, 107 S.Ct.
Holding statements: (A) holding local regulation of hazardous waste disposal facilities preempted by comprehensive and detailed state regulatory scheme (B) holding that federal power act and cwa largely preempted the field of regulating hydroelectric facilities (C) holding pennsylvania statute regulating subrogation is a law regulating insurance (D) holding that subsequent congressional statute regulating registration of aliens retroactively preempted state law (E) holding that the plaintiffs state law claims are preempted by federal law
[A]: (B)

[Q]: may arise with respect to any forensic evidence. The potential for contamination may present an open field for eross-examination or may be addressed through testimony of defense experts at trial, as is true of other forensic evidence. State v. Cunningham, 197 Or.App. 264, 105 P.3d 929, 932 (2005) (quoting State v. Lyons, 324 Or. 256, 924 P.2d 802, 813 (1996)). There may, however, be instances when forensic evidence, including DNA evidence, is so unreliable that it should be excluded. Connell, 2012 WL 222926, at *9 (stating "[the evidence may be found so tainted that it is totally unreliable and, therefore, must be excluded[,}" but despite discrepancy in dates of obtaining DNA swab sample, it would have been admitted at trial); Armstead v. State, 342 Md. 38, 673 A.2d 221, 233 (App.1996) (<HOLDING>); State v. Hill, 257 Kan. 774, 895 P.2d 1238,
Holding statements: (A) holding that a trial judge has discretion to exclude evidence of pending charges and that where the defendant was given a full opportunity outside the presence of the jury to develop a foundation for bias but failed to do so the trial judge did not abuse its discretion (B) holding that the trial judge retains the discretion to exclude dna evidence if errors in the laboratory procedures render it so unreliable that it would not be helpful to the trier of fact but that trial court did not abuse its discretion by admitting that evidence (C) holding it was not an abuse of discretion to exclude testimony (D) holding trial court did not abuse its discretion in admitting highly probative and relevant evidence of other crimes (E) holding the trial court did not abuse its discretion by admitting gangrelated evidence
[A]:
(B)