Inconsistent behaviour "Terms of Access for Restricted Files" field does not appear

What steps does it take to reproduce the issue?
As a logged in user, click on the File Access menu and select "request access" and do not select the file checkbox.

• When does this issue occur?
  Issue occurs when the file checkbox is not selected, and you use the File Access menu and click "Request access"
  

• Which page(s) does it occurs on?
  Dataset landing page

• What happens?
  The "Terms of Access for Restricted Files" field does not appear in the Dataset Terms pop up menu.
  If you select the file and follow the above steps OR use the "Request Access" button, the field appears.

• To whom does it occur (all users, curators, superusers)?
  All signed in users that try to request restricted files without selecting the box next to the file.

• What did you expect to happen?
  We expect the "Terms of Access for Restricted files" to appear in the "Dataset Terms" window when you request access to restricted files through either workflow. See screenshot with the field in question.
  

Which version of Dataverse are you using?
6.2

Any related open or closed issues to this bug report?
None found

Start by reproducing the workflow on the Dataset landing page: use File Access, choose Request access without selecting a file, and inspect the Dataset Terms pop-up. Compare it with the selected-file and Request Access button workflows; done means the Terms of Access for Restricted Files field appears consistently.