Direction and Control. All work undertaken by the Operator at the Worksite shall be under the direction of Customer, but the actual operation of the Equipment and the manner of performance of work in connection therewith shall be under the direction and control of Company. Company is an independent contractor and is not acting as an agent of Customer. The Operator will cooperate with Customer’s personnel and will endeavour to operate the Equipment in accordance with their reasonable requirements. Customer’s employees shall not be under the direction or control of Company or its Operators.
Direction and Control. Except as otherwise provided in this Agreement, the management, supervision and control of the Employer’s operation and the direction of the working force shall remain the exclusive function of Management provided that such management and direction does not contravene the express provisions of this Agreement.
Direction and Control. The Parties agree and acknowledge that the Municipality has the right of direction and control over the Worksite Employee, including matters of discipline, excluding removal or reassignment, as provided for by Section 1.01. The Worksite Employee shall be supervised, directly and indirectly and exclusively, by the Municipality's supervisory and managerial employees.
Direction and Control. PROVIDER agrees that PROVIDER will perform the Services under this Agreement as an independent contractor and not as an agent, employee, or servant of the CLIENT. The parties agree that PROVIDER is not entitled to any benefits or rights enjoyed by employees of the CLIENT. PROVIDER specifically has the right to direct and control PROVIDER’s own activities in providing the agreed upon Services in accordance with the specifications set out in this Agreement. The CLIENT shall only have the right to ensure performance. Nothing in this Agreement shall be construed to render the parties partners or joint ventures.
Direction and Control. The requested fire service company(s) or task force(s), [as defined in Section IX Definitions], shall be under the direction and control of their own company officer or task force leader. The company will remain intact as a unit, responsible for its own equipment and personnel throughout the incident. The company officer or task force leader will report to the Command Post [as defined in Section IX, Definitions] of the Incident Commander [as defined in Section IX, Definitions] of the requesting department and will make himself/herself and the company or task force for which they are responsible available for service. The Incident Commander will assume direction and control of the unit in whole and will give that unit an assignment. The fact that the task at hand is inherently dangerous must always be considered.
Direction and Control. Contractor shall be fully responsible for and shall have exclusive direction and control of its agents, employees and Subcontractors and shall control the manner and method of performing all Work. All Persons engaged by Contractor to perform Work under this Agreement (including, without limitation, any contract laborers, leased employees or workers furnished by Contractor by a staff leasing agency or company) shall be deemed to be employees, and not subcontractors, of Contractor for all purposes. Any provision in any Work Order planning form, or other contract between the Parties whereby Company or any of its agents or employees would otherwise have the right to direct Contractor or its agents or employees as to the manner of performing Work shall be interpreted as meaning that Contractor should follow the wishes of Company in the results to be achieved and not in the means whereby the Work is to be accomplished. However, if Company shall request Contractor to remove one of its agents, employees or subcontractors for any valid reason, including, but not limited to, lack of competence or conduct which interferes with Company’s operations, Contractor shall promptly cause such agent, employee or subcontractor to be replaced at no cost to Company; provided, however, Contactor retains the sole right to select and discharge its employees, subcontractors and agents.
Direction and Control. (a) The Indemnifying Party shall have the right, exercisable by notice to the Indemnified Party within fifteen (15) calendar days of receipt of notice from the Indemnified Party of the commencement of or assertion of any Third Party Claim, to assume direction and control of the defense, litigation, settlement, appeal or other disposition of the Third Party Claim (including the right to settle the claim solely for monetary consideration) with counsel selected by the Indemnifying Party and reasonably acceptable to the Indemnified Party; provided that (i) the Third Party Claim solely seeks monetary damages and (ii) the Indemnifying Party expressly agrees in writing that as between the Indemnifying Party and the Indemnified Party, the Indemnifying Party shall be solely obligated to satisfy and discharge the Third Party Claim in full (the conditions set forth in clauses (i) and (ii) above are collectively referred to as the “Litigation Conditions”).
(b) Within fifteen (15) calendar days after the Indemnifying Party has given notice to the Indemnified Party of its intended exercise of its right to defend a Third Party Claim, the Indemnified Party shall give notice to the Indemnifying Party of any objection thereto based upon the Litigation Conditions. If the Indemnified Party reasonably so objects, the Indemnified Party shall continue to defend the Third Party Claim, at the expense of the Indemnifying Party, until such time as such objection is withdrawn. If no such notice is given, or if any such objection is withdrawn, the Indemnifying Party shall be entitled, at its sole cost and expense, to assume and conduct such defense, with counsel selected by the Indemnifying Party. During such time as the Indemnifying Party is controlling the defense of such Third Party Claim, the Indemnified Party shall cooperate, and cause its Affiliates and agents to cooperate upon request of the Indemnifying Party in the defense or prosecution of the Third Party Claim, including by furnishing such records, information and testimony and attending such conferences, discovery proceedings, hearings, trials or appeals as may reasonably be requested by the Indemnifying Party. In the event that the Indemnifying Party does not satisfy the Litigation Conditions or does not notify the Indemnified Party of the Indemnifying Party’s intent to defend any Third Party Claim within fifteen (15) calendar days after notice thereof, the Indemnified Party may (with notice to the Indemnifying Party) und...
Direction and Control. 14.1 Where a person is seconded to the NCLST but is employed by, or is an officer of, a force other than the Host Force, the Chief Officer who has appointed such person shall retain Direction and Control of such aforementioned officers and members of police staff.
14.2 Subject to clause 14.1 all NCLST employees who are employed by, or are officers of, the Chief Officer of the Host Force and are appointed to predominantly perform services in relation to the Platform shall be under the Direction and Control of the Chief Officer of the Host Force, provided that the day to day management responsibilities of such staff shall rest with the Director of National Single Online Home. It is agreed that such persons shall not generally perform duties on behalf of the Host Force and shall be appointed predominantly to carry out duties in order to allow the Platform to achieve the requirements as further set out under the terms of this Agreement.
14.3 The Chief Officer of the Police Force who appointed the police officer or member of staff shall remain responsible for disciplinary proceedings and action, unsatisfactory performance and all pay (including pay increases), welfare, pensions contributions and other employment matters. The Host Force shall pay the Police Force providing the seconded employee(s) at a rate agreed between the Host Force and the relevant Police Force (acting reasonably and in good faith) in accordance with the Home Office guidance for secondments as relevant at the time of the relevant secondment.
Direction and Control. 28.1 The Chief Constables consider the transfer of direction and control is necessary for the effective and efficient discharge of a Regional Function and therefore all Personnel in respect of whom Chief Constables exercise direction and control and who are not already employed or subject to transfer of employment to the Lead Force pursuant to clause 11.7 hereof and are engaged in the delivery of a Regional Function shall be under the direction and control of the Chief Constable for the Lead Force unless agreed otherwise pursuant to the Functional Collaboration Agreement.
28.2 The Chief Constables may at any time cancel the transfer of direction and control of Personnel and recall them to their own Force (either on a permanent or temporary basis) to deal with operational or other exigencies but Chief Constables agree to use reasonable endeavours to ensure such cancellation is subject to a reasonable period of notice.
Direction and Control. 5.1 The Parties agree that pursuant to section 10 of the PA96 each Chief Officer shall retain direction and control over the officers and staff of their police force.
