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.

pre-estimate may in fact operate as a penalty and become unenforceable is shown by the fact that even though the sum fixed as compensation for each day’s delay ... is held to be a reasonable provision for liquidated damages and to be enforceable, no court will permit it to go on operating forever. 11 Corbin on Contracts, supra, § 58:21 at 523. That treatise then observes that there is “some lack of uniformity in the method of determining this time limit.” Id. In general, there are two rules that courts have applied to this predicament. Some courts have held that a liquidated damages clause is inapplicable when a contractor has completely abandoned a project. See, e.g., City of Elmira v. Larry Walter, Inc., 76 N.Y.2d 912, 563 N.Y.S.2d 45, 564 N.E.2d 655, 656 (1990) (per curiam) (<HOLDING>). Others have held that, when a contractor has 
 Holding statements: (A) holding that prejudgment interest should not be added to damages awarded for misrepresentation because the amount of damages were not liquidated or ascertainable before the verdict (B) holding that language of contract did not limit plaintiffs recovery to liquidated damages (C) holding that liquidated damages under the adea are intended to punish and deter while contrasting them to the legislative purpose of liquidated damages under the fsla (D) holding that because liquidated damages under the adea are punitive in nature a jurys award of state punitive damages and adea liquidated damages constitutes a double recovery and therefore reducing the total recovery by the amount of the liquidated damages award (E) holding that in the absence of clear and unambiguous language indicating that liquidated damages clause was intended to apply to contractors outright abandonment of the project no such damages should be awarded
(E)

trial court’s judgment wherein the appellant was sentenced to a loss of liberty”).’ ““““Berry v. State, 630 So.2d 127, 130 (Ala.Crim.App.1993) (footnote omitted). See also Custis v. United States, 511 U.S. 485, 494, 114 S.Ct. 1732, 128 L.Ed.2d 517 (1994) (‘ “If the accused ... is not represented by counsel and has not competently and intelligently waived his constitutional right, the Sixth Amendment stands as a jurisdictional bar to a valid conviction and sentence depriving him of his life or his liberty.... The judgment of conviction pronounced by a court without jurisdiction is void, and one imprisoned thereunder may obtain release by habeas corpus.” ’) (quoting Johnson v. Zerbst, 304 U.S. 458, 468, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938)); Weakley v. State, 721 So.2d 235, 236 (Ala.1998) (<HOLDING>).” “““Thus it is the lack of counsel, coupled 
 Holding statements: (A) recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel (B) holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal (C) recognizing the right to counsel on appeal (D) holding that the statutory right to counsel at a civil commitment hearing implicitly includes the right to the effective assistance of that counsel (E) holding that the right to counsel at arraignment is a jurisdictional matter
(E)

command and going to physical therapy at the Naval Hospital. As such, his statements related directly to his availability to perform his duties and his precise location on base. The statements were made to individuals whose duties included being responsible for appellant including knowing his whereabouts and duty status. Under these circumstances, we conclude that appellant’s statements were clearly “official” and were made to individuals with a “duty to account” for the accused. See generally United States v. Davenport, 9 MJ 364 (CMA 1980). Unpub. op. at 1. A false official statement includes all statements made in the line of military duty. The determination of whether a military duty existed in a particular case is based on the evidence of record. See United States v. Jackson, supra (<HOLDING>); see also United States v. Plascencia-Orozco, 
 Holding statements: (A) holding that even if there is no independent duty to account a servicemember who lies in an oral statement to a law enforcement agent conducting an investigation as part of his duties has violated article 107 (B) holding that a law enforcement agent may not testify about an opinion reached during his investigation if the agents reasoning process depended in whole or in part on his specialized training and experience (C) holding that an insurer has a duty to conduct an investigation reasonably appropriate under the circumstances (D) holding that anonymous statement was admissible as a statement by a partys agent under rule 801d2d and noting that a district court should be presented with sufficient evidence to conclude that the person who is alleged to have made the damaging statement is in fact a party or an agent of that party (E) holding where there is no duty to defend there is no duty to indemnify

(A)

