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.

[EX Q]: be ascertained from the creating instrument, the permissible uses of an easement acquired by prescription are necessarily defined by the use of the servient land during the prescriptive period.”). In French, plaintiffs acquired a prescriptive right of user over a roadway for certain discrete purposes based on their past use of the property. We concluded that plaintiffs were not entitled to make a different use of the roadway because it would increase the burden on the servient estate and it would extend the right acquired by plaintiffs’ prior use of the property. French, 135 Vt. at 80, 369 A.2d at 1388. Thus, French does not support plaintiffs’ assertion that the reasonable use of the right>of-way at issue here depends on its historical use. Cf. Nelson, 113 Vt. at 172, 32 A.2d at 146 (<HOLDING>). Moreover, as previously discussed, we agree 
 Holding statements: (A) recognizing that an easement may entitle the easement owner to do acts which were not for the easement would constitute a nuisance (B) holding that one who possesses deeded easement need not use the easement to maintain his title and easement cannot be extinguished from nonuser alone (C) recognizing that where a grantee has an easement which he shares with others his duty to repair and maintain it must be apportioned with all other easement holders based upon the extent of the individuals use of the easement (D) holding that an easement agreement and an unrecorded easement plan created an easement (E) recognizing that one cannot have an easement in his own land
[EX A]: (B)

[EX 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
[EX A]: (C)

[EX Q]: comply with those conditions. See § 32A-2-13(G). In addition, Gerald received oral notification from the children’s court at his plea hearing that detention would result from failure to comply with certain grade court conditions. Gerald’s counsel and mother were present at the plea hearing. Gerald repeatedly told the court that he understood the conditions. {38} Furthermore, when Gerald signed the plea agreement and grade court order, he received the considerable benefit of being released into the community. Gerald now seeks to be relieved of the conditions of release while leaving the rest of the plea agreement intact. Having received the benefit of the plea, Gerald may not now complain that the conditions are invalid. Cf State v. Trujillo, 117 N.M. 769, 772, 877 P.2d 575, 578 (1994) (<HOLDING>); Herrera, 2001-NMCA-073, ¶25 (stating that 
 Holding statements: (A) recognizing that both parties to a plea bargain make various concessions and gain certain advantages during plea negotiations and underscoring that a criminal defendant having availed himself of the advantages of a plea agreement cannot welch on his part of the bargain internal quotation marks and citation omitted (B) holding that plea of guilty or nolo contendere is not rendered involuntary because it is a product of plea bargaining an accepted plea bargain must be recorded and court may accept a bargained plea to a lesser offense reasonably related to a charged offense (C) recognizing that a voluntary and understanding guilty plea entered without the benefit of a plea bargain waives all nonjurisdictional defects that occurred before the entry of the plea (D) recognizing that a single guilty plea may embody a series of interrelated concessions between the parties and allows the defendant to withdraw the entire plea when one part of the agreement fails (E) holding defendant did not prove an enforceable agreement only that there was some discussion of a plea bargain
[EX A]:
(A)

