Common use of Independence of Contractor Clause in Contracts

Independence of Contractor. 4.1.1 Contractor shall manage, control and direct the Work as an independent contractor and shall perform all obligations and duties under the Agreement at its own cost, risk and responsibility, including with respect to construction means, methods, techniques, sequences and procedures, in due compliance with the Contract Schedule and with the provisions of the Agreement. 4.1.2 Subject to the limitations provided for in the Agreement, Contractor's failure to perform any obligations under the Agreement shall be at its sole cost and risk. Omissions or actions of Contractor Group, Canadian Natural Group or of any inspecting authorities or certifying agencies, including any comments or absence thereof, presence or absence of representatives at any time including during tests and inspections, issuance of certificates other than the Final Acceptance Certificate (subject to surviving obligations), payment, review or the provision by Canadian Natural of (i) any Approval or (ii) comments, instructions or notices to be responded to shall not release Contractor in any way from any of its obligations and liabilities under the Agreement or at law, shall not constitute acceptance of defective Work, nor shall it constitute any assumption by Canadian Natural of any responsibility for any such obligations or liabilities. It is expressly understood that Canadian Natural is at all times relying upon Contractor's skill, knowledge and experience in performing the Work. 4.1.3 Subject to the limitations provided for in the Agreement, Contractor shall remain solely responsible and liable for compliance with the Agreement by Contractor Group and Canadian Natural's rights and interests shall not be affected, limited or reduced in any way howsoever due to the performance of the Work by any member of Contractor Group. 4.1.4 Contractor shall not represent Canadian Natural or act for or on behalf of Canadian Natural or in Canadian Natural's name except as specifically set forth in the Agreement. No Personnel of Contractor Group shall be, or be deemed in any way to be, Personnel of Canadian Natural.

Independence of Contractor. 4.1.1 Contractor shall manage, control and direct the Work as an independent contractor and shall perform all obligations and duties under the Agreement at its own cost, risk and responsibility, including with respect to construction means, methods, techniques, sequences and procedures, in due compliance with the Contract Schedule and with the provisions of the Agreement. 4.1.2 Subject to the limitations provided for in the Agreement, Contractor's failure to perform any performany obligations under the Agreement shall be at its sole cost and risk. Omissions or actions of Contractor Group, Canadian Natural Group or of any inspecting authorities or certifying agencies, including any comments or absence thereof, presence or absence of representatives at any time including during tests and inspections, issuance of certificates other than the Final Acceptance Certificate (subject to surviving obligations), payment, review or the provision by Canadian Natural of (i) any Approval or (ii) comments, instructions or notices to be responded to shall not release Contractor in any way from any fromany of its obligations and liabilities under the Agreement or at law, shall not constitute acceptance of defective Work, nor shall it constitute any assumption by Canadian Natural of any responsibility for any such obligations or liabilitiesliabilities . It is expressly understood that Canadian Natural is at all times relying upon Contractor's skill, knowledge and experience in performing the Work. 4.1.3 Subject to the limitations provided for in the Agreement, Contractor shall remain solely responsible and liable for compliance with the Agreement by Contractor Group and Canadian Natural's rights and interests shall not be affected, limited or reduced in any way howsoever due to the performance of the Work by any member of Contractor Group. 4.1.4 Contractor shall not represent Canadian Natural or act for or on behalf of Canadian Natural or in Canadian Natural's name except as specifically set forth in the Agreement. No Personnel of Contractor Group shall shal be, or be deemed in any way to be, Personnel of Canadian Natural.

Independence of Contractor. 4.1.1 Independence Of Contractor Contractor shall manage, control and direct the Work as an independent contractor and shall perform all obligations and duties under the Agreement at its own cost, risk and responsibility, including with respect to construction means, methods, techniques, sequences and procedures, in due compliance with the Contract Schedule and with the provisions of the Agreement. 4.1.2 . Subject to the limitations provided for in the Agreement, Contractor's failure to perform any obligations under the Agreement shall be at its sole cost and risk. Omissions or actions of Contractor Group, Canadian Natural Group or of any inspecting authorities or certifying agencies, including any comments or absence thereof, presence or absence of representatives at any time including during tests and inspections, issuance of certificates other than the Final Acceptance Certificate (subject to surviving obligations), payment, review or the provision by Canadian Natural of (i) any Approval or (ii) comments, instructions or notices to be responded to shall not release Contractor in any way from any of its obligations and liabilities under the Agreement or at law, shall not constitute acceptance of defective Work, nor shall it constitute any assumption by Canadian Natural of any responsibility for any such obligations or liabilities. It is expressly understood that Canadian Natural is at all times relying upon Contractor's skill, knowledge and experience in performing the Work. 4.1.3 . Subject to the limitations provided for in the Agreement, Contractor shall remain solely responsible and liable for compliance with the Agreement by Contractor Group and Canadian Natural's rights and interests shall not be affected, limited or reduced in any way howsoever due to the performance of the Work by any member of Contractor Group. 4.1.4 . Contractor shall not represent Canadian Natural or act for or on behalf of Canadian Natural or in Canadian Natural's name except as specifically set forth in the Agreement. No Personnel of Contractor Group shall be, or be deemed in any way to be, Personnel of Canadian Natural. Canadian Natural Representative Canadian Natural shall appoint a representative (the "Canadian Natural Representative") and shall notify Contractor in writing of Canadian Natural Representative's name and the scope of Canadian Natural Representative's authority. Canadian Natural Representative shall be the only Canadian Natural authorized delegate vis-à-vis Contractor for the purpose of the Agreement. Canadian Natural shall be entitled to replace Canadian Natural Representative at any time and shall provide Contractor with notice of such replacement. Canadian Natural Representative shall have the right to delegate specific tasks or responsibilities of Canadian Natural to one or more Persons designated by it, including certifying and inspecting agencies. In such case, it shall inform Contractor in writing of the names of such Persons and the scope of their delegation. At all times during the performance of the Work, Canadian Natural Representative shall have the right to cancel in writing any such delegation on two (2) days prior notice to Contractor. Contractor shall comply with all instructions issued pursuant to the Agreement by Canadian Natural Representative or one of its duly authorized delegates. Contractor Representative and Deputy Contractor Representative Contractor shall appoint and keep assigned to the Work during the entire course of the Work an experienced representative (the "Contractor Representative") acceptable to Canadian Natural who shall be fully knowledgeable in all aspects of the Agreement and the Work, have full charge of all operations of Contractor in respect of the Work, have full authority to represent Contractor in all matters related to the performance of the Agreement and have full authority to agree to any Change Order. Contractor Representative shall fully co-operate with Canadian Natural Representative: 5.2.1.1 in notifying Canadian Natural Representative immediately upon becoming aware of any matters which may, in any material manner, affect the performance of the Work, increase the Contract Price or impact the Contract Schedule; and 5.2.1.2 in making and considering proposals for avoiding or reducing the consequences of any of the foregoing matters. Contractor shall also appoint an experienced deputy representative (a "Deputy Contractor Representative") who shall be fully authorized to act as Contractor Representative when Contractor Representative is unavailable or absent. Contractor Representative or, alternatively, Deputy Contractor Representative shall be in attendance at the Workshops or otherwise shall be accessible to Canadian Natural Representative at all times during the performance of the Work. Contractor Representative and Deputy Contractor Representative shall not be removed or substituted for any reason whatsoever by Contractor without the express written consent of Canadian Natural Representative, which consent, shall not be unreasonably withheld. Canadian Natural Representative shall have the right to have removed from the Work, Project Site or any Workshop, any Contractor Representative or Deputy Contractor Representative who, in Canadian Natural Representative's reasonable opinion, is incompetent, careless, not qualified to perform the Work, insubordinate or guilty of improper conduct, or who may in any material manner jeopardize Canadian Natural's public relations or goodwill. Contractor shall immediately replace, as the case may be, Contractor Representative or Deputy Contractor Representative, with a Person acceptable to Canadian Natural. Canadian Natural's Right to Direct Canadian Natural may, at any time, in relation to the Work in any location, or in relation to any Workshop, or in relation to the Project Site, for safety reasons, or for urgent reasons, in the sole discretion of Canadian Natural, provide a notice to Contractor to immediately take, or to have taken, specific measures with immediate effect, in which case Contractor shall immediately implement such measures, but without prejudice to the ability of Contractor to subsequently request a Change Order in respect of any such measures required to be so taken.