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.

Input: Consider Input: matter. When it is clear, however, from the relevant parts of the contract taken together and considered with the facts and circumstances surrounding the execution of the agreement, that the obligation in question was within the contemplation of the parties or was necessary to effect their intention, then such obligation may be implied and enforced. But when the contract between the parties speaks to the obligation sought to be implied, the courts will not write that implied obligation into the contract. Stated conversely, there may be an implied covenant on the part of the lessee (in the absence of any expressed on the subject as in the lease).[ ] Id. (citations, alterations, and quotation omitted). See also Nearburg v. Yates Petroleum Corp., 123 N.M. 526, 943 P.2d 560, 569 (1997) (<HOLDING>). Thus, in accordance with New Mexico law, any
Holding statements: (A) recognizing that endorsement would prevail if inconsistent with policy provisions (B) holding that courts cannot imply covenants which are inconsistent with express provisions (C) holding that state courts may not enforce racially restrictive covenants (D) holding that the restrictive covenants at issue are unenforceable as a matter of public policy (E) holding that the law will not imply a contract where there is an existing express contract covering the same subject matter

Output: recognizing that endorsement would prevail if inconsistent with policy provisions

Input: Consider Input: of the evidence. Hicks, 509 U.S. at 511, 113 S.Ct. at 2749. In interpreting Hicks, supra, the Second Circuit has stated definitively as follows: [Defendant] misreads the Supreme Court's statement in Hicks that once a defendant produces evidence of a legitimate, nondiscriminatory reason for his or her action, the plaintiff must then establish that the defendant's actions were intentionally discriminatory. [Defendant] takes this statement as requiring the plaintiff to adduce additional evidence after the defendant's production evidence beyond that presented in the plaintiffs prima facie case. Justice Scalia took pains to preclude such an interpretation of the Court's decision when he observed that, upon rejection of the defendant's proffered reasons for its action , 142 (2d Cir.1993) (<HOLDING>), cert. denied, U.S. -, 114 S.Ct. 1189, 127
Holding statements: (A) holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence (B) holding that former employer met its burden of proof that ubc exception applied (C) holding that the burden of proof is on the claimant (D) holding plaintiffs ultimate burden of proof can be met by combining proof submitted in its prima facie case with evidence that defendants proffered reasons for its acts were false (E) recognizing that a plaintiffs burden in establishing a prima facie case is not onerous

Output: holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence

Input: Consider Input: to a jury trial. At one level, this is a dispute between Nebraska, on the one hand, and Arkansas, Kansas, Louisiana, and Oklahoma, represented by the Commission, on the other. The Constitution established two methods for resolving these types of disputes. Petty v. Tennessee-Missouri Bridge Comm'n, 359 U.S. 275, 279 n. 5, 79 S.Ct. 785, 3 L.Ed.2d 804 (1959). The first method is the original jurisdiction conferred upon the Supreme Court by the Constitution. Id. (citing U.S. Const, art. III., 2). "The other is the compact...." Id. (citation omitted). As for the first method, we know that when the Supreme Court exercises its original jurisdiction there is no jury trial even if money is awarded against a state. Texas v. New Mexico, 482 U.S. 124, 130, 107 S.Ct. 2279, 96 L.Ed.2d 105 (1987) (<HOLDING>). The second method of resolving disputes
Holding statements: (A) holding the bad faith rationale inapplicable given that the defendants acted in good faith in appealing the case and in raising defenses to the plaintiffs claims (B) holding that if the town acted in bad faith in negotiations and litigation which prevented construction then the plaintiffs on remand cannot be deemed to have lost any rights to vest that they would have been able to exercise in the absence of bad faith (C) holding that a bad faith claim is a tort (D) holding that an insurer acted in bad faith by failing to keep the insured informed of settlement negotiations (E) holding that monetary relief could be awarded against new mexico because it acted in bad faith by failing to deliver water called for by a compact
Output: holding the bad faith rationale inapplicable given that the defendants acted in good faith in appealing the case and in raising defenses to the plaintiffs claims