1Independent Contractor. The Construction Manager at Risk is an independent contractor and not an officer, employee, or agent of Owner.
1Independent Contractor. Contractor undertakes performance of the Services as an independent contractor. Nothing herein shall create a relationship of employer and employee, joint venture, or partnership between Company and Contractor, its agents, representatives, employees or subcontractors, for any purpose whatsoever. Except for the purposes of Section 6.2, nothing herein shall create a relationship of principal and agent between Company and Contractor, its agents, employees, representatives or subcontractors. Except for the limited purposes of Section 6.2, neither party shall have the authority to bind or obligate the other in any manner as a result of the relationship created hereby.
1Independent Contractor. It is the express intention of Company and Consultant that Consultant performs the Services as an independent contractor to Company, and nothing in this Agreement should be construed to create a partnership, joint venture or employer-employee relationship. Consultant (a) is not the agent of Company and (b) is not authorized to make any representation, contract, or commitment on behalf of Company.
1Independent Contractor. It is specifically recorded that the Service Provider is an independent contractor and that neither the Service Provider nor its Personnel are employees, agents, consultants, sub-contractors, or other representatives of the Customer;
1Independent Contractor. Advisor is an independent contractor and is not an agent or employee of, and has no authority to bind (by contract or otherwise), NextCure. Advisor will perform the Services under the general direction of NextCure, but Advisor will determine, in Advisor’s sole discretion, the manner and means by which the Services are accomplished, subject to the requirement that Advisor shall at all times comply with all applicable laws. NextCure has no right or authority to control the manner or means by which the Services are accomplished.
1Independent Contractor. All Services will be rendered by Consultant as an independent contractor and this Agreement does not create an employer-employee relationship between Kiniksa and Consultant. Consultant will have no rights to receive any employee benefits, such as bonuses, options, health and accident insurance, sick leave or vacation which are accorded to regular employees of Kiniksa or its affiliates. Consultant will not in any way represent itself to be an employee, partner, joint venturer, or agent of Kiniksa. Consultant shall have no authority to make any statements, representations or commitments of any kind, or to take any action, which shall be binding on Kiniksa. In performing the Services, the amount of time devoted by Consultant on any given day will be within Consultant’s control, and Kiniksa will rely on Consultant to devote the amount of time necessary to fulfill the requirements of the Agreement in an efficient and timely manner. Consultant is responsible for providing all equipment and supplies required to perform the Services. In the event Kiniksa provides to Consultant any equipment or supplies in connection with the Services, such equipment and supplies shall remain the sole property of Kiniksa, be used solely for performing the Services and, upon Kiniksa’s request, Consultant shall promptly return to Kiniksa all such equipment and supplies. Upon reasonable notice, Consultant shall meet with representatives of Kiniksa or one of its affiliates at a location to be designated by the Parties. Consultant shall not in any way represent itself to be an employee, partner joint venturer, or agent of Kiniksa. Consultant shall have no authority to make any statements, representations or commitments of any kind, or to take any action, which shall be binding on Kiniksa.
1Independent Contractor. Contractor agrees that Contractor is (1) an independent contractor to Owner; and (2) an employer subject to all applicable unemployment compensation, occupational safety and health, or similar statutes so as to relieve Owner of any responsibility or liability for treating Contractor’s employees as employees of Owner for any purposes including, without limitation, the purpose of their safety or of keeping records, making reports or paying of any payroll taxes or contribution; and Contractor agrees to indemnify and hold Owner harmless and reimburse it for any expense or liability incurred under said statutes in connection with employees of Contractor, including a sum equal to any unemployment benefits paid to those who were Contractor’s employees, where such benefit payments are charged to Owner under any merit plan or to Owner’s reserve account pursuant to any statute. To the extent Contractor offers its employees any employee benefits and/or employee compensation, Contractor shall be solely responsible for providing such employee benefits, employee compensation and/or benefits pursuant to an Employee Retirement Income Security Act (“ERISA”) plan. Contractor agrees to indemnify, hold Owner harmless and reimburse Owner for any expense or liability incurred in connection with any claims or actions by the employees or agents of Contractor, its Subcontractors, or suppliers against Owner or any of Owner’s ERISA plans relating to employee benefits or employee compensation. Nothing in this Contract shall be deemed to represent that Contractor, or any of Contractor’s employees or agents, are the agents, representatives or employees of Owner or its agents. Contractor shall have responsibility for and control over the details and means for performing the work hereunder, provided that Contractor is in compliance with the terms of the Contract. Anything in the Contract which may appear to give Owner or its agents the right to direct Contractor as to the details of the performance of the work or to exercise a measure of control over Contractor shall mean that Contractor shall follow the desires of Owner only as to the intended results of the work under the Contract.
1Independent Contractor. In the performance of this Agreement, Lessor will act as an independent contractor, and nothing contained in this Agreement shall be deemed to make Lessor or its employees the partner of, a joint venturer with, the employee of, or an agent of, Lessee.
1Independent Contractor. It is expressly agreed that ARx and BioXcel are and shall remain independent contractors and that the relationship between the Parties shall not constitute a partnership, joint venture or agency. Neither ARx nor BioXcel shall have the authority to make any statements, representations or commitments of any kind, or to take any action, which shall be binding on the other Party, without the prior written consent of the other Party. Each Party shall bear its own costs incurred in the performance of its obligations hereunder without charge or expense to the other except as expressly provided in this Agreement.
1Independent Contractor. It is expressly understood that in the performance of the services under the Agreement, INDEPENDENT CONTRACTOR shall be, and is, an “independent contractor” under applicable law, and is not an agent or employee of the CITY. The CITY shall not in any way or for any purpose become or be deemed to be a partner of INDEPENDENT CONTRACTOR in its business or otherwise, or a joint venturer, or a member of any joint enterprise with INDEPENDENT CONTRACTOR. INDEPENDENT CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of the CITY. The INDEPENDENT CONTRACTOR has and shall retain the right to exercise full control and supervision of the services, and full control over the employment, direction, compensation and discharge of all persons assisting INDEPENDENT CONTRACTOR in the performance of required services. INDEPENDENT CONTRACTOR shall be solely responsible and hold the CITY harmless for all matters relating to the payment of INDEPENDENT CONTRACTOR’s employees, including compliance with Social Security withholdings and all other regulations governing such matters. Neither INDEPENDENT CONTRACTOR nor any of INDEPENDENT CONTRACTOR’s employees shall, at any time, or in any way, be entitled to any sick leave, vacation, retirement or other fringe benefits from the CITY; and neither the CITY nor any of its employees shall be paid by the CITY time and one-half for working in excess of forty (40) hours in any one week. Neither INDEPENDENT CONTRACTOR nor any of INDEPENDENT CONTRACTOR’s employees shall be included in the competitive service, have any property right to any position, or any of the rights an employee may have in the event of termination of this Agreement.
