Common use of Consultant as an Independent Contractor Clause in Contracts

Consultant as an Independent Contractor. (a) The parties acknowledge and intend that the relationship of Consultant, and its agents, employees and subcontractors, to the Company under this Agreement shall be that of independent contractors. In performing his duties under this Agreement, Consultant shall cause the services required to be completed according to his own means and methods of work which shall be in the exclusive charge and control of Consultant and which shall not be subject to the control or supervision of the Company, except as to the results of his work. Consultant shall determine his own working hours and schedule for his agents, employees and subcontractors and shall not be subject to the Company's personnel policies and procedures except for the Company's Code of Ethics. Consultant shall be entirely and solely responsible for his actions or in-actions and the actions or in-actions of his agents, employees or subcontractors, if any, while performing services hereunder. Consultant agrees that neither it nor any of his agents, employees or subcontractors shall, in any form or fashion, maintain, hold out, represent, state or imply to any other individual or entity that an employer/employee relationship exists between the Company and Consultant, his agents and employees, or between the Company and any subcontractor or its agents and employees, and neither Consultant nor his agents, employees or subcontractors are granted nor shall they represent that they are granted any right or authority to make any representation or warranty or assume or create any obligation or responsibility, express or implied, for, on behalf of or in the name of the Company, to incur debts for the Company or to bind the Company in any manner whatsoever. Additionally, Consultant hereby waives and relinquishes any right of subrogation it might have against the Company under the provisions of the Workers' Compensation Act of Georgia on account of any injury to his employees or employees of his subcontractors, if any, caused in whole or in part by any negligence of the Company. Consultant further agrees that it will require his Workers' Compensation insurer, if any, to likewise waive and relinquish such subrogation rights and furnish evidence of such waiver to the Company. (b) Consultant agrees that neither his agents, employees or subcontractors nor the agents or employees of his subcontractors shall be eligible to participate in any employee benefit plan sponsored by the Company or its affiliates, including, but not limited to, any retirement plan, insurance program, disability plan, medical benefits plan or any other fringe benefit program sponsored and maintained by the Company for its employees.

Consultant as an Independent Contractor. (a) The parties acknowledge and intend that the relationship of Consultant, and its agents, employees and subcontractors, to the Company under this Agreement shall be that of independent contractors. In performing his its duties under this Agreement, Consultant shall cause the services required to be completed according to his its own means and methods of work which shall be in the exclusive charge and control of Consultant and which shall not be subject to the control or supervision of the Company, except as to the results of his its work. Consultant shall determine his its own working hours and schedule for his its agents, employees and subcontractors and shall not be subject to the Company's personnel policies and procedures except for the Company's Code of Ethics. Consultant shall be entirely and solely responsible for his its actions or in-actions and the actions or in-actions of his its agents, employees or subcontractors, if any, while performing services hereunder. Consultant agrees that neither it nor any of his its agents, employees or subcontractors shall, in any form or fashion, maintain, hold out, represent, state or imply to any other individual or entity that an employer/employee relationship exists between the Company and Consultant, his its agents and employees, or between the Company and any subcontractor or its agents and employees, and neither Consultant nor his its agents, employees or subcontractors are granted nor shall they represent that they are granted any right or authority to make any representation or warranty or assume or create any obligation or responsibility, express or implied, for, on behalf of of, or in the name of the of, Company, to incur debts for the Company or to bind the Company in any manner whatsoever. Additionally, Consultant hereby waives and relinquishes any right of subrogation it might have against the Company under the provisions of the Workers' Compensation Act of Georgia Florida on account of any injury to his its employees or employees of his its subcontractors, if any, caused in whole or in part by any negligence of the Company. Consultant further agrees that it will require his its Workers' Compensation insurer, if any, to likewise waive and relinquish such subrogation rights and furnish evidence of such waiver to the Company. (b) Consultant agrees that neither his its agents, employees or subcontractors nor the agents or employees of his its subcontractors shall be eligible to participate in any employee benefit plan sponsored by the Company or its affiliates, including, but not limited to, any retirement plan, insurance program, disability plan, medical benefits plan or any other fringe benefit program sponsored and maintained by the Company for its employees.