Employees; Independent Contractor. All arrangements and agreements with employees or independent contractors working at the Property shall confirm that Owner has no obligation or relationship with respect to such employees or independent contractors. Manager shall comply with all applicable governmental requirements relating to worker’s compensation, liability insurance, Social Security, unemployment insurance, hours of labor, wages, working conditions, employment discrimination, and other employer-employee related matters and shall prepare and file all forms required in connection therewith. Manager shall obtain coverage of all employees who handle funds of Owner by fidelity bond or under a comprehensive crime insurance policy, each in amounts required by Owner and indemnifying Owner against loss, theft, embezzlement, or other fraudulent acts of Manager or its employees. Manager shall employ, directly or through third party contractors (e.g., an employee leasing company) all labor and employees required for the operation and maintenance of the property, it being agreed that all employees shall be deemed employees of Manager and not Owner. Owner’s insurance policies required hereunder shall not cover and the Owner shall not be liable for any wrong doing by Manager’s employees, any claims, costs, damages and liabilities, including but not limited to the defense of any claim or lawsuit arising out of the employment of any of the Manager’s employees. All approved costs and expenses associated with such employees (including, without limitation, wages and benefits) shall be costs of, billed to, and reimbursed by the Property.
Employees; Independent Contractor. (a) Manager shall have in its employ at all times a sufficient number of capable employees to enable it to properly, adequately, safely and economically manage, operate, maintain and account for the Enterprise. All matters pertaining to the employment, supervision, compensation, promotion and discharge of such employees are the responsibility of Manager, which is in all respects the employer of such employees. Manager shall fully comply with all applicable laws and regulations to which Manager is subject having to do with worker's compensation, social security, unemployment insurance, hours of labor, wages, working conditions, and other employer/employee related subjects.
(b) This Agreement is not one of agency between Manager and COPR, but one in which Manager is engaged independently to provide the Management Services on its own behalf as an independent contractor. All employment arrangements with Manager are therefore solely Manager's concern, and COPR shall not have input or liability with respect thereto. Nothing contained in this Agreement or in the relationship of Manager with COPR shall be deemed to constitute a partnership, joint employer, joint venture or any relationship (other than a relationship between two independent contractors) between Manager and COPR. Manager's authority is limited to performing the Management Services set forth herein in accordance with the terms of this Agreement. Manager shall have no authority, without COPR's consent, (a) to execute any contract or agreement for or on behalf of COPR or (b) to provide services in addition to the Management Services. Manager is not granted any right or authority to assume or create any obligation or liability (except as otherwise provided herein) or to make (i) any written representation, covenant, agreement or warranty whatsoever (ii) or any oral representation, covenant, agreement or warranty, express or implied whatsoever to the extent that the same would be beyond the scope of Manager's authority hereunder.
Employees; Independent Contractor. The Property Manager shall employ, directly or through third party contractors (e.g. employee leasing company), at all times a sufficient number of capable employees to enable the Property Manager to properly, adequately, safely and economically manage, operate and maintain the Project. All matters pertaining to the supervision of such employees shall be the responsibility of the Property Manager. All salaries and benefits and positions of employees who perform work in connection with the Project shall be consistent with the Budget (as defined in Section 2.5.1).
Employees; Independent Contractor. Manager shall at all times have in its employ or contract for sufficient personnel to enable it to properly, adequately, safely and economically manage, operate, maintain and account for the Premises for the Primary and Ancillary Events and Uses. All matters pertaining to the selection, direction, employment, supervision, compensation, promotion and discharge of such personnel are the sole responsibility of Manager or Manager’s subcontractor(s), as the case may be, which shall be in all respects the employer of such personnel. Manager shall have total responsibility for and shall fully comply with all applicable laws and regulations having to do with worker’s compensation, social security, unemployment insurance, hours of labor, wages, working conditions, and other employer-employee related subjects. Furthermore, Manager represents and warrants that it and its employees (and, if applicable, subcontractors and their respective employees) presently hold all licenses and permits legally required for it to perform its obligations under this Agreement, and Manager hereby covenants and agrees to maintain all such licenses and permits during the term of this Agreement. As it relates to Manager’s personnel arrangements, this Agreement is not one of agency by Manager for Owner but one with Manager engaged independently in the business of employing individuals on its own behalf as an independent contractor, and Owner shall have no liability with respect thereto.
Employees; Independent Contractor. (a) Manager shall be responsible for all of its employees and/or independent contractors engaged by it. All matters pertaining to the employment, supervision, compensation, promotion and discharge of Manager's employees and others engaged by Manager for the management, operation and maintenance of the Equipment are the responsibility of Manager, and Manager shall be liable to such employees for their compensation (in whatever form or amount such compensation may be). Manager shall fully comply with all applicable laws and regulations having to do with worker's compensation, social security, unemployment, insurance, hours of labor, wages, working conditions, and other employer-employee related subjects in connection with the Equipment.
(b) This Agreement is entered into solely to provide for the performance of the services set forth herein and to define the rights, obligations and liabilities of the parties hereto. This Agreement, and any document or understanding entered into in connection herewith, shall not be deemed to create any other relationship between Manager and Owner other than as expressly provided herein. It is understood that the relationship of Manager to Owner shall be that of an independent contractor. Nothing contained herein or inferable here from shall be deemed or construed to (1) make Manager the agent, servant or employee of Owner, or (2) to create any partnership, joint venture, or other association between Owner and Manager. Owner shall not be responsible for any injury sustained by Manager of its employees or by third parties arising out of the performance of this Agreement by Manager under Owner's workers' compensation policy or otherwise, and the doctrine of "respondeat superior" shall not apply between Owner and Manager.
Employees; Independent Contractor. Devco shall have in its employ at all times a sufficient number of capable employees to enable it to reasonably, properly, adequately, safely and economically manage, operate, maintain and account for the Property. All matters pertaining to the employment, supervision, compensation, promotion and discharge of such employees are the responsibility of Devco, which is in all respects the employer of such employees. Devco shall fully comply with all acts and regulations having to do with workmen's compensation, social security, unemployment insurance, hours of labor, wages, working conditions and other employer/employee related subjects. Neither Devco nor the Executive Manager shall be considered employees of the Partnership. Devco shall at all times during the term of this Agreement be considered an independent contractor of the Partnership.
Employees; Independent Contractor. (a) Subject to the limitations set forth in the Agreement and subject to the prior approval of Owner, Manager shall have the sole duty to:
(i) hire, promote, supervise, direct, discharge and train the personnel necessary for the continuing maintenance and operation of the Property in accordance with the obligations of Manager under this Agreement;
(ii) establish the terms of compensation for such personnel, and obtain coverage of all employees by fidelity bond or under a comprehensive crime insurance policy and liability insurance in amounts satisfactory to Owner, as more particularly described in Sections 5.2 and 5.3 of this Agreement; and
(iii) establish and maintain all policies relating to the employment of such personnel.
(b) Manager shall not change the number of employees retained for the management and operation of the Property without obtaining Owner's prior approval.
(c) Manager will negotiate with any union lawfully entitled to represent such employees and shall execute, in its own name, and not as an agent for Owner, collective bargaining agreements or labor contracts resulting therefrom. Owner shall have no liability with respect to any employment arrangements with employees employed in connection with the management of the Property, and all employment arrangements shall confirm this understanding.
(d) Manager shall comply with all applicable governmental requirements relating to workmen's compensation, social security, unemployment insurance, hours of labor, wages, working conditions, employment discrimination, and other employer-employee related matters and shall prepare and file all forms required in connection therewith.
Employees; Independent Contractor. (a) Manager shall at all times have in its employ or contract for sufficient personnel to enable it to properly, adequately, safely and economically manage, operate, maintain and account for the Property consistent with the Operational Standard. All matters pertaining to the selection, direction, employment, supervision, compensation, promotion and discharge of such personnel shall be the sole responsibility of Manager or Manager's subcontractor, as the case may be, which shall be in all respects the employer of such personnel. Manager shall be solely responsible for complying with all applicable Legal Requirements with respect to its employees, including but not limited to, worker's compensation, hours of work, wages, social security, vacation time, sick leave, unemployment insurance, the Immigration Reform and Control Act of 1986, working conditions and any other employer-employee related issues. All employees must be either citizens of the United States or possess valid and appropriate work permits from the U.S. Immigration and Naturalization Service and other applicable governmental authorities. All costs of such personnel (including compensation, fringe benefits, insurance and taxes) shall be reimbursable to Manager to the extent provided for in Section 10.1 hereof.
(b) This Agreement, as it relates to Manager's personnel arrangements, is not one of agency by Manager for Owner, but one with Manager engaged independently in the business of employing individuals on its own behalf as an independent contractor, and Owner shall have no liability hereunder or otherwise with respect thereto.
(c) Subject to Owner's approval, Manager will negotiate with any union lawfully entitled to represent such employees and may execute on behalf of the Property collective bargaining agreements or labor contracts resulting therefrom.
Employees; Independent Contractor. (i) Submanager shall have in its employ at all times a sufficient number of capable employees to properly, adequately, safely and economically perform the Submanagement Services. All employees shall be available to Manager as and when needed for advice and consultation. All matters pertaining to the employment, supervision, compensation, promotion and discharge of such employees are the responsibility of Submanager , which is and shall remain in all respects the employer of such employees. Submanager shall use reasonable care in the selection of such employees. Submanager shall comply with all applicable laws and regulations having to do with workers' compensation, social security, unemployment insurance, hours of labor, wages, working conditions and other employer-employee related subjects.
(ii) This Agreement is not one of agency by Submanager for Manager or the Company, but one with Submanager engaged independently in the business of performing the Submanagement Services on its own behalf as an independent contractor. Nothing contained in this Agreement shall be deemed to constitute a partnership, joint venture or any other relationship between Submanager and Manager except as expressly set forth in this Agreement. Submanager's authority is limited to performing the Submanagement Services in accordance with the terms of this Agreement. Submanager shall have no authority to execute any contract or agreement for or on behalf of Manager or the Company and is not granted any right or authority to assume or create any liabilities or make any representation, covenant, agreement or warranty, express or whatsoever, and Submanager shall inform each party with whom it is dealing that it has no authority to bind Manager or the Company in any respect or make any representation binding on Manager or the Company.
Employees; Independent Contractor. Manager shall have in its employ at all times a sufficient number of capable employees to enable it to properly, adequately, safely and economically manage, lease, operate, maintain and account for the Property. All matters pertaining to the selection, direction, employment, supervision, compensation, promotion and discharge of such employees are the sole responsibility of Manager, who is in all respects the employer of such employees. To the extent necessary for the conduct of the Management Responsibilities, Manager shall hire personnel who, in each instance, shall be employees of Manager, and not of Owner. All compensation and related benefits owed to on-site employees, to the extent included in the Approved Property Budget or Operating Budget for the prior year, whichever is then in effect, shall be reimbursed to Manager by Owner. Notwithstanding any provision to the contrary in this Agreement, Manager agrees to retain as its employees Jet Xxxxxxx and Xxxx Xxxxxxx. These employees shall be assigned to work on the Property and the following other malls which Owner owns or has an interest in: Pecanland Mall, Temple Mall and Westgate Town Center on a non-exclusive basis (it being understood that Manager will utilize the same employees to work on other properties in Manager's portfolio.) The work of the specified employees may be supplemented by other employees, but the employment of the specified employees is viewed as critical by Owner to the successful management of the Property and as such Manager agrees that without the prior written consent of the Owner it will not replace or assign away from the Property any of the specified employees. If any of the specified employees is replaced or assigned away from the Property while still in the employment of Manager without Owner's prior written consent, it shall constitute a Minor Default by Manager pursuant to Section 2.3 (b) of this Agreement, and Owner may terminate this Agreement upon thirty (30) days' written notice to Manager. However, should either one of these named employees leave the company, voluntarily or unvoluntarily, the termination of employment in and of itself will not constitute a Minor Default. Manager shall have responsibility for, and shall use reasonable commercial efforts to comply with, all applicable laws and regulations having to do with workers' compensation, social security, unemployment insurance, hours of labor, wages, working conditions, and other employment/labor related subje...
