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: 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

Output: 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

Input: Consider Input: Chief Judge: The appellant, Craig G. Falk, appeals from a July 8, 1996, Board of Veterans' Appeals (BVA or Board) decision denying his claim service connection for post-traumatic stress disorder (PTSD). As the appellant has limited his appeal to the denial of that claim, the Court deems the appellant to have abandoned his right to appeal with respect to the denial of entitlement to benefits under 38 U.S.C. 1151. Bucklinger v. Brown, 5 Vet.App. 435, 436 (1993); see also Carbino v. West, 168 F.3d 32, 34-35 (Fed.Cir.1999) (<HOLDING>). Upon consideration of the pleadings of the
Holding statements: (A) holding that an issue not presented to the trial court will not be considered on appeal (B) holding that issues not presented in an appellants initial brief to the court need not be considered under this courts rules (C) holding that claims not raised in an appellants initial brief to our court are waived (D) holding that issues not raised in an appellants initial brief are deemed abandoned (E) holding an appellant may not use the reply brief to argue issues not argued in the initial brief

Output: holding that an issue not presented to the trial court will not be considered on appeal

Input: Consider Input: of Trs. of Univ. of Ill., 2011 WL 577108, at *5 (C.D.Ill.2011). This is a difficult burden for a plaintiff to meet. See Powers, 2011 WL 577108, at *5, citing Creative Trade Group, Inc. v. Int'l Trade Alliance, Inc., 2009 WL 3713345, at *6 (N.D.Ill.2009). Plaintiff has the ultimate burden of persuasion to demonstrate he is entitled to judgment on his claims as a matter of law. Powers, 2011 WL 577108, at *5. It has been recognized that "[sjummary judg ment in favor of the party with the burden of persuasion ... is inappropriate when the evidence is susceptible of different interpretations or inferences by the trier of fact." Hunt v. Cromartie, 526 U.S. 541, 553, 119 S.Ct. 1545, 143 L.Ed.2d 731 (1999); see also Frobose v. Am. Sav. Loan Ass'n of Danville, 152 F.3d 602, 615 (7th Cir.1998) (<HOLDING>). II. DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
Holding statements: (A) holding that trial court may not grant summary judgment by default when the movants summary judgment proof is legally insufficient (B) recognizing that questions of intent and credibility make it difficult to grant summary judgment in favor of the party with the burden of proof (C) holding that a grant of summary judgment in favor of one party creates a final judgment allowing appellate review of denial of opposing partys summary judgment motion (D) holding that movant is entitled to summary judgment when party with burden of proof fails to establish genuine fact issue (E) holding that to survive a motion for summary judgment a party must make a showing sufficient to establish the existence of an element essential to that partys case and on which that party will bear the burden of proof at trial
Output: holding that trial court may not grant summary judgment by default when the movants summary judgment proof is legally insufficient