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.

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
recognizing that endorsement would prevail if inconsistent with policy provisions

by substantial evidence and whether correct legal standards were applied. See Hawkins v. Chater, 113 F.3d 1162, 1164 (10th Cir.1997). Substantial evidence is "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) (quotation omitted). We may "neither reweigh the evidence nor substitute our judgment for that of the agency." Casias v. Secretary of Health & Human Servs., 933 F.2d 799, 800 (10th Cir.1991). Plaintiff argues that (1) the Commissioner's decision is not supported by substantial evidence because the ALJ ignored medical evidence of her disability; (2) the ALJ failed to analyze plaintiffs pain properly under Luna v. Bowen, 834 F.2d 161, 162-64 (10th Cir.19 95) (<HOLDING>). In this case, however, plaintiff has not
Holding statements: (A) holding aljs listing of factors he considered was inadequate when court was left to speculate what specific evidence led the alj to his conclusion (B) holding in the absence of alj findings supported by specific weighing of the evidence we cannot assess whether relevant evidence adequately supports the aljs conclusion (C) holding in the absence of alj findings supported by specific weighing of the evidence we cannot assess whether relevant evidence adequately supports the aljs conclusion and thus the aljs unexplained conclusion was beyond meaningful review (D) holding the record must demonstrate that the alj considered all of the evidence and the alj must discuss the evidence supporting his decision the uncontroverted evidence he chooses not to rely upon and significantly probative evidence he rejects (E) holding an aljs failure to adequately explain the weight given to treating sources opinions not harmless because the aljs reasoning was not sufficiently specific to make clear that the alj recognized and evaluated the treating relationships
holding in the absence of alj findings supported by specific weighing of the evidence we cannot assess whether relevant evidence adequately supports the aljs conclusion

The motions alleged the mother was seeking to intervene in the proceedings, individually and on behalf of the minor child, for the purpose of challenging the agreement and the order terminating parental rights as the termination had deprived the child of support and a father/child relationship. The trial court denied the motions to intervene, indicating the mother's remedies, if any, "lie in # 09-15176 [the custody case] ... with Kelley Lynn Reed as Petitioner." In this appeal, the mother challenges the denial of her motions to intervene. There is no question that the parents' agreement for termination of the father's parental rights and the subsequent order adopting such agreement are void and subject to challenge. See, e.g., Casbar v. Dicanio, 666 So.2d 1028 (Fla. 4th DCA 1996) (<HOLDING>); Fleming v. Brown, 581 So.2d 202 (Fla. 5th DCA
Holding statements: (A) holding that in parental termination proceedings the parent is entitled to effective assistance of counsel (B) recognizing this substantial interest in context of termination of parental rights (C) recognizing that the department is required to present clear and convincing evidence to support termination of a parents parental rights (D) holding that termination of fathers parental rights should be reversed since it was done to facilitate childs adoption and would prejudice rights of child and mother to receive support from father (E) recognizing that termination of parental rights can be accomplished only by resort to chapters 63 adoption and 39 termination of parental rights and any attempt by a parent to contract away the childs right to support is void and unenforceable as contrary to public policy
holding that in parental termination proceedings the parent is entitled to effective assistance of counsel