Agency Status. Architect is not an officer, employee, or agent of the State or Owner as those terms are used in ORS 30.265.
Agency Status. Once the Seller or any of its subservicers has obtained any status with an Agency mortgage loan pool for which Seller is issuer or servicer, Seller shall not take or omit to take any act that (i) would result in the suspension or loss of any of such status, or (ii) after which Seller or any such relevant subservicer would no longer be in good standing with respect to such status, or (iii) after which Seller or any such relevant subservicer would no longer satisfy all applicable Agency net worth requirements, if both (x) all of the material effects of such act or omission shall not have been cured by Seller or waived by the applicable Agency before termination of such status and (y) the termination of such status could reasonably be expected to have a Material Adverse Effect.
Agency Status. Consultant is not an officer, employee, or agent of the State or Owner as those terms are used in ORS 30.265.
Agency Status. Design Professional is not an officer, employee, or agent of the State or Owner as those terms are used in ORS 30.265.
Agency Status. Once RMS or any of its subservicers has obtained any status with any of the Agency’s mortgage loan pools for which RMS is issuer or servicer, RMS shall not take or omit to take any act that (i) would result in the suspension or loss of any of such status, or (ii) after which RMS or any such relevant subservicer would no longer be in good standing with respect to such status, or (iii) after which RMS or any such relevant subservicer would no longer satisfy all applicable Agency net worth requirements, if both (x) all of the material effects of such act or omission shall not have been cured by RMS or waived by the Agency before termination of such status and (y) the termination of such status could reasonably be expected to have a Material Adverse Effect.
Agency Status. The parties agree the terms of this Agreement do not constitute a formation of a partnership, joint venture, employer-employee, or other relationship and no form of agency exists between the parties. The Agency represents and warrants that it is now and shall remain a separate and independent entity from the SLPS. Accordingly, no employee, contractor, subcontractor, agent, or representative (“Personnel”) of the Agency shall be deemed to be the employee, contractor, subcontractor, agent, or representative of the SLPS and at no time shall any such employee, contractor, subcontractor, agent, or representative of the Agency hold himself or herself out to be an employee of the SLPS. The SLPS will not provide any retirement benefits, life insurance, vacation benefits, health benefits, or similar benefits that are afforded to permanent SLPS employees to the Personnel of the Agency. Further, the Agency will be solely responsible to train, hire, supervise, discipline, and terminate the Agency’s Personnel. The Agency shall also be solely responsible for paying all invoice taxes, FICA, FUTA, and other tax liabilities for its Personnel. Finally, the Agency will be solely responsible for any acts or omissions of its Personnel and agrees to be liable consistent with the terms of Article 10.
Agency Status. The parties hereto agree and acknowledge that to the extent General Electric Capital Corporation is named in any title document, UCC financing or continuation statement, insurance policy, Receivable document or court document as a lienholder, secured party, loss payee, owner of a Financed Vehicle or agent, or in another similar capacity, General Electric Capital Corporation is acting in such capacity as agent of FIACC for the sole purpose of facilitating the servicing of the Receivables and has no equitable interest in the Receivables, except such as it may have by virtue of its purchase of a Receivable pursuant to this Agreement.
Agency Status. The Service Provider Agent shall perform the Services as agent under this Agreement in its own name but for the account of Service Recipient (and/or the relevant Service Recipient Subsidiary) and at the risk of Service Recipient (and/or the relevant Service Recipient Subsidiary) without the need to disclose its status as an agent of Service Recipient (and/or the relevant Service Recipient Subsidiary). For the avoidance of doubt, Service Recipient (and/or the relevant Service Recipient Subsidiary) shall be responsible for any actions or omissions that are performed by the Service Provider Agent on the Service Recipient’s (and/or the relevant Service Recipient Subsidiary’s) instructions.
Agency Status. As agent for the Company hereunder the Warrant Agent: (a) shall have no duties or obligations other than those specifically set forth herein or as may subsequently be agreed to in writing by the Warrant Agent and the Company; (b) shall be regarded as making no representations and having no responsibilities as to the validity, sufficiency, value, or genuineness of the Warrants or any Warrant Shares; (c) shall not be obligated to take any legal action hereunder; if, however, the Warrant Agent determines to take any legal action hereunder, and where the taking of such action might, in its judgment, subject or expose it to any expense or liability it shall not be required to act unless it has been furnished with an indemnity reasonably satisfactory to it; (d) may rely on and shall be fully authorized and protected in acting or failing to act upon any certificate, instrument, opinion, notice, letter, telegram, telex, facsimile transmission or other document or security delivered to the Warrant Agent and believed by it to be genuine and to have been signed by the proper party or parties; (e) shall not be liable or responsible for any recital or statement contained in the Registration Statement or any other documents relating thereto; (f) shall not be liable or responsible for any failure on the part of the Company to comply with any of its covenants and obligations relating to the Warrants, including without limitation obligations under applicable securities laws; (g) may rely on and shall be fully authorized and protected in acting or failing to act upon the written, telephonic or oral instructions with respect to any matter relating to its duties as Warrant Agent covered by this Warrant Agreement (or supplementing or qualifying any such actions) of officers of the Company, and is hereby authorized and directed to accept instructions with respect to the performance of its duties hereunder from the Company or counsel to the Company, and may apply to the Company, for advice or instructions in connection with the Warrant Agent’s duties hereunder, and the Warrant Agent shall not be liable for any delay in acting while waiting for those instructions; any applications by the Warrant Agent for written instructions from the Company may, at the option of the Agent, set forth in writing any action proposed to be taken or omitted by the Warrant Agent under this Warrant Agreement and the date on or after which such action shall be taken or such omission shall be effective;...
Agency Status. Engineer is not an officer, employee, or agent of the State or Owner as those terms are used in ORS 30.265.
