Common use of AUTHORITY; INDEPENDENT CONTRACTORS Clause in Contracts

AUTHORITY; INDEPENDENT CONTRACTORS. Neither party will have any authority, and neither party will represent that it has any authority, to assume or create any obligation, express or implied, on behalf of the other party. Agency Partner is neither a distributor of NEC Products nor an agent with authority to bind NEC. Agency Partner will not: (i) make any representations or promises or provide any warranties related to the NEC Products except with the express written permission of NEC, (ii) enter into any agreement with a prospective End User on behalf of NEC, (iii) enter into, or attempt to enter into, any agreement with NEC on behalf of any prospective or existing End User, including a Triggering Contract, or (iv) modify, or attempt to modify, the terms of the Triggering Contract directly or indirectly, orally or in writing. Each party is an independent contractor, and this Agreement will not be construed as creating a partnership, joint venture, agency, or employment relationship between the parties or as creating any other form of legal association that would impose liability on one party for the act or failure to act of the other party.

Appears in 3 contracts

Samples: Agency Partner Agreement, Agency Partner Agreement, Nec Univerge Blue Agency Partner Agreement

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AUTHORITY; INDEPENDENT CONTRACTORS. Neither party will have any authority, and neither party will represent that it has any authority, to assume or create any obligation, express or implied, on behalf of the other party. Agency Revenue Share Partner is neither a distributor of NEC Products nor an agent with authority to bind NEC. Agency Revenue Share Partner will not: (i) make any representations or promises or provide any warranties related to the NEC Products except with the express written permission of NEC, (ii) enter into any agreement with a prospective End User on behalf of NEC, (iii) enter into, or attempt to enter into, any agreement with NEC on behalf of any prospective or existing End User, including a Triggering Contract, or (iv) modify, or attempt to modify, the terms of the Triggering Contract directly or indirectly, orally or in writing. Each party is an independent contractor, and this Agreement will not be construed as creating a partnership, joint venture, agencyRevenue Share, or employment relationship between the parties or as creating any other form of legal association that would impose liability on one party for the act or failure to act of the other party.

Appears in 2 contracts

Samples: Revenue Share Partner Agreement, Nec Univerge Blue Revenue Share Partner Agreement

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