Independent Business. The parties agree that the Engineer operates an independent business and is contracting to do work according to his own methods, without being subject to the control of the City, except as to the product or the result of the work. The relationship between the City and the Engineer shall be that as between an independent contractor and the City and not as an employer-employee relationship. The payment to the Engineer is inclusive of any use, excise, income or any other tax arising out of this agreement.
Independent Business. The parties acknowledge that their business operations are completely independent and nether party shall at any time hold itself out as an agent or representative of the other party. No partnership, joint venture, or other relationship shall be deemed to exist by virtue of this AGREEMENT.
Independent Business. The Owner Trustee will conduct its activities such that the Owner Trust is a separate and readily identifiable trust separate from, and independent of, the Trustor and any of its Affiliates (it being understood that the Trustor and its Affiliates may publish financial statements that consolidate those of the Owner Trustee, if to do so is required by any applicable law or accounting principles from time to time in effect) and:
(a) it will observe all formalities required under this Agreement necessary to cause the Owner Trust to remain a common law trust separate and distinct from the Trustor and any of its Affiliates;
(b) it will maintain each of the assets and liabilities of the Owner Trust separate and distinct from those of the Trustor and any of its Affiliates;
(c) it will maintain records, books, accounts, and minutes of the Owner Trust separate from those of the Trustor and any of its Affiliates;
(d) it will pay the obligations of the Owner Trust in the ordinary course of business as a common law trust separate from the Trustor and any of its Affiliates;
(e) it will keep funds held in the Trust Estate separate and distinct from any funds of the Trustor and any of its Affiliates, and will receive, deposit, withdraw and disburse such funds separately from any funds of the Trustor and any of its Affiliates;
(f) it will conduct the activities of the Owner Trust in its own name as trustee of the Owner Trust, and not in the name of the Trustor or any of its Affiliates;
(g) it will not agree to pay or become liable for any debt of the Trustor or any of its Affiliates other than as contemplated by the Indenture;
(h) it will not induce any third party to rely on the creditworthiness of the Trustor or any of its Affiliates in order that such third party will be induced to contract with the Owner Trust (except insofar as such third party may rely on the fact, if applicable, that the Trustor or its Affiliate is the Lessee); and
(i) it will not enter into any transaction between the Owner Trust and the Trustor or any of its Affiliates that is more favorable to the Trustor and its Affiliates than transactions that the Owner Trustee would have been able to enter into at such time on an arm's-length basis with a non-affiliated third party, other than any agreements in effect on the date hereof or any transaction permitted pursuant to the Operative Agreements.
Independent Business. By this Lease, neither party acquires any right, title or interest in or to any property of the other party except such rights as are specifically stated in this Lease. The relationship between Landlord and Tenant is solely that of landlord and tenant, and is not and shall not be deemed to be a partnership or joint venture.
Independent Business. In the performance of this Agreement, the parties are engaged in independent business, and nothing in this Agreement shall be construed to.
(a) grant either party any right to control the other party with respect to the conduct of its business expect as provided in the Operating Agreement;
(b) make either party a partner, joint venture, agent or other representative of the other party;
(c) grant either party any right of authority to assume or create any obligation on behalf of or in the name of the other party; or
(d) accept legal summons or legal process for the other party.
Independent Business. In the performance of this Agreement, the parties are engaged in independent business, and nothing in this Agreement shall be construed to:
(a) grant either party any right to control the other party with respect to the conduct of its business, except as expressly set forth herein;
(b) make either party a partner, joint venturer, agent or other representative of the other party;
(c) grant either party any right of authority to assume or create any obligation on behalf of or in the name of the other party; or
(d) accept legal summons or legal process for the other party.
(e) MH , IH and RP are and for all purposes shall be deemed independent contractors and nothing in this Agreement or in the relationship between MH and RP or their respective employees, agents, subcontractors or other representatives shall be deemed to constitute otherwise. MH and RP shall have sole control over their respective employees including, but not limited to, the supervision and direction of the method and manner in which the work is accomplished, the method and amount of wage and benefit payments, and control of all hiring, firing or discipline of employees, as well as all policies and procedures related hereto. In acknowledgment of such relationship, MH and RP may be required to have each of their respective employees performing services on property owned or controlled by the other to individually read and sign a separate document entitled “Waiver of Employment” stating that he/she makes no claim for coverage by, or participation in, any benefit or right relating to the other party. If either party performs services under this Agreement on property owned or controlled by the other, that party agrees that its employees, agents, subcontractors or other representatives will abide by the other’s safety and security requirements which are available on request.
Independent Business. 20.01 Neither Party has the right or power, express or implied, to make any commitments of any kind on behalf of the other Party without prior written consent of the other Party.
Independent Business. MSAF will conduct its activities, and will procure that each of its subsidiaries will conduct its business such that it is a separate and readily identifiable business from, and independent of, the Depositor and any of its Affiliates (it being understood that the Depositor and its Affiliates may publish financial statements that consolidate those of MSAF and any of its Affiliates, if to do so is required by any applicable law or accounting principles from time to time in effect and MSAF's subsidiaries may file consolidated tax returns with the Depositor and its Affiliates for tax purposes) and:
(a) it will observe, and will cause its subsidiaries to observe, all formalities necessary to remain legal entities separate and distinct from the Depositor and any of its Affiliates;
(b) it will maintain, and will cause its subsidiaries to maintain, each of their respective assets and liabilities separate and distinct from those of the Depositor and any of its Affiliates;
(c) it will maintain, and will cause its subsidiaries to maintain, records, books, accounts, and minutes separate from those of the Depositor and any of its Affiliates;
(d) it will pay its obligations, and will cause its subsidiaries to pay each of their respective obligations in the ordinary course of business as legal entities separate from the Depositor and any of its Affiliates;
(e) it will keep, and will cause its subsidiaries to keep, each of their respective funds separate and distinct from any funds of the Depositor and any of its Affiliates, and will receive, deposit, withdraw and disburse such funds separately from any funds of the Depositor and any of its Affiliates;
(f) it will conduct its activities, and will cause each of its respective subsidiaries to conduct their respective businesses in their own name, and not in the name of the Depositor or any of its Affiliates;
(g) it will not agree, and will cause its subsidiaries not to agree, to pay or become liable for any debt of the Depositor or any of its Affiliates;
(h) it will not hold out, and will cause its subsidiaries not to hold out, that any of them is a division of the Depositor or any of its Affiliates or that the Depositor or any of its Affiliates is a division of any of them;
(i) it will not induce, and will cause its subsidiaries not to induce, any third party to rely on the creditworthiness of the Depositor or any of its Affiliates in order that such third party will be induced to contract with it; and
(j) it will not ente...
Independent Business. The parties agree that the Consultant/Contractor operates an independent business and is contracting to do work according to their own methods, without being subject to the control of the City, except as to the product or the result of the work. The relationship between the City and the Consultant/Contractor shall be that as between an independent contractor and the City and not as an employer‐employee relationship. The payment to the Consultant/Contractor is inclusive of any use, excise income or any other tax arising out of this agreement.
Independent Business. In the performance of this agreement Marketer is engaged in an independent business and nothing in this agreement shall be construed as granting Chevron any right to control or direct Marketer with respect to Marketer’s conduct of such business. Chevron has no right to exercise any control over any of Marketer’s employees, all of whom are entirely under the control and direction of Marketer, who shall be responsible for their actions and omissions. Marketer accepts exclusive liability for all contributions and payroll taxes required under federal Social Security laws and State Unemployment Compensation laws or other payments under any laws of similar character as to all persons employed by and working for Marketer.
