Independent Contract. Tenant acknowledges and agrees that the Letter of Credit constitutes a separate and independent contract between Landlord and the issuing bank, that Tenant is not a third party beneficiary of such contract, and that Landlord’s claim under the Letter of Credit for the full amount due and owing thereunder shall not be, in any way, restricted, limited, altered or impaired by virtue of any provision of the Bankruptcy Code, including, but not limited to, Section 502(b)(6) of the Bankruptcy Code.
Independent Contract. 17.1 Nothing herein contained will be construed to imply a joint venture, partnership or principal-agent relationship between the LEA and CONTRACTOR. CONTRACTOR shall provide all services under this Agreement as an independent contractor, and neither party shall have the authority to bind or make any commitment on behalf of the other. Nothing contained in this Agreement shall be deemed to create any association, partnership, joint venture or relationship of principal and agent, master and servant, or employer and employee between the parties or any affiliates of the parties, or between the XXX and any individual assigned by CONTRACTOR to perform any services for the LEA.
17.2 If the LEA is held to be a partner, joint venturer, co-principle, employer or co-employer of CONTRACTOR, CONTRACTOR shall indemnify and hold harmless the LEA from and against any and all claims for loss, liability, or damages arising from that holding, as well as any expenses, costs, taxes, penalties and interest charges incurred by the LEA as a result of that holding.
17.3 XXX and CONTRACTOR agree to the following rights consistent with an independent contractor relationship:
17.3.1 CONTRACTOR has the right to perform services for others during the term of this Agreement.
17.3.2 CONTRACTOR has the sole right to control and direct the means, manner and method by which the services required by this Agreement will be performed to the extent the provision of CONTRACTOR’s services are consistent with the responsibilities set forth in the ISA.
17.3.3 CONTRACTOR has the right to hire assistants or to use employees to provide the services required by this Agreement.
17.3.4 CONTRACTOR or CONTRACTOR’s employees shall perform the services required by this Agreement; LEA shall not hire, supervise or pay any assistants to help CONTRACTOR.
17.3.5 Neither CONTRACTOR nor CONTRACTOR’s employees shall receive any training from LEA in the skills necessary to perform the services required by this Agreement.
17.3.6 LEA shall not require CONTRACTOR or CONTRACTOR's employees to devote full time to performing the services required by this Agreement.
17.3.7 Neither CONTRACTOR nor CONTRACTOR’s employees are eligible to participate in any employee pension, health, vacation pay, sick pay or other fringe benefit plan of LEA.
Independent Contract. It is understood and agreed by the parties that the consultant is to act in the capacity of an independent contractor and as such will have no authorization, express or implied to bind Riverton City to any agreements. Consultant's officers and employees shall not be considered as employees or officers of the City and shall not be entitled to any employee benefits as City employees as a result of the execution of this agreement.
Independent Contract. It is expressly understood and agreed by the parties that nothing contained in this Agreement shall be construed to create a partnership, association, or other affiliation of like relationship between the parties, it being specifically agreed that their relation is and shall remain that of independent parties to a cooperative contractual relationship.
Independent Contract. 13.01 In the performance of work, duties, and obligations under this Agreement, CONTRACTOR is at all times acting and performing as an independent contractor and not as an employee of the District. No offer or obligation of permanent employment with the District or particular District department or agency is intended in any manner, and CONTRACTOR shall not become entitled by virtue of this Agreement to receive from District any form of employee benefits including but not limited to sick leave, vacation, retirement benefits, workers’ compensation coverage, insurance or disability benefits. CONTRACTOR shall be solely liable for and obligated to pay directly all applicable taxes, including federal and state income taxes and social security, arising out of CONTRACTOR’s performance and this Agreement. In connection therewith, CONTRACTOR shall defend, indemnify, and hold District harmless from any and all liability which District may incur because of CONTRACTOR’s failure to pay such taxes.
Independent Contract. The Parties agree that CHA and Quest are independent contractors, and not employees of SFT, with respect to the Services to be performed pursuant to this Agreement, and except to the extent otherwise specifically provided in this Agreement, SFT shall have no right to direct or control the manner in which either management Party performs the Services.
Independent Contract. Tenant acknowledges and agrees that the Letter of Credit constitutes a separate and independent contract between Landlord and the Issuer, and that Tenant is not a third party beneficiary of such. Tenant acknowledges and agrees that Landlord is entering into the Lease in material reliance upon the ability of Landlord to draw upon the Letter of Credit to the extent permitted to do so under the Lease. Tenant agrees not to interfere in any way with payment to Landlord of the proceeds of the Letter of Credit, either prior to or following a “draw” by Landlord of any portion of the Letter of Credit, regardless of whether any dispute exists between Tenant and Landlord as to Landlord’s right to draw from the Letter of Credit. No condition or term of this Lease shall be deemed to render the Letter of Credit conditional to justify the Issuer in failing to honor a drawing upon such Letter of Credit in a timely manner. Tenant agrees and acknowledges that Tenant has no property interest whatsoever in the Letter of Credit or the proceeds thereof and that, in the event Tenant becomes a debtor under any chapter of the Federal Bankruptcy Code, neither the Letter of Credit nor any proceeds or right to draw on the Letter of Credit will be considered property of the Tenant’s bankruptcy estate, and neither Tenant, any trustee, nor Tenant’s bankruptcy estate shall have any right to restrict or limit Landlord’s claim and/or rights to the Letter of Credit and/or the proceeds thereof by application of any provision of the Federal Bankruptcy Code, including but not limited to Section 502(b)(6) of the Federal Bankruptcy Code [11 U.S.C.A. § 502(b)(6)].
Independent Contract. Tenant agrees and acknowledges that (i) the Letter of Credit constitutes a separate and independent contract between Landlord and the Bank, (ii) Tenant is not a third party beneficiary of such contract, (iii) Tenant has no property interest whatsoever in the Letter of Credit, and (iv) in the event Tenant becomes a debtor under any chapter of the Bankruptcy Code, neither Tenant, any trustee, nor Tenant’s bankruptcy estate shall have any right to restrict or limit Landlord’s claim and/or rights to the Letter of Credit and/or the proceeds thereof by application of Section 502(b)(6) of the U. S. Bankruptcy Code or otherwise.
Independent Contract. The Contract is an independent contract and has no effect upon any other contracts between the Parties.
Independent Contract. The Contractor is an independent contractor and as such is not an agent or employee of the City.
