Independent Contractor, No Agents; Relationship; No-Third Party Beneficiaries Sample Clauses

Independent Contractor, No Agents; Relationship; No-Third Party Beneficiaries. DSI MSO Dealer is an independent contractor authorized during the term hereof to market and promote the DIRECTV Service and to solicit Orders for DIRECTV Programming Packages as a commissioned commercial DSI MSO Dealer. DSI MSO Dealer is not a partner, franchisee, or employee of DIRECTV for any purpose whatsoever. DSI MSO Dealer hereby represents and warrants to DSI that: 1. DSI MSO Dealer is engaged in an independent business and, except as specifically provided herein, shall perform all obligations under this Agreement as an independent contractor and not as the agent or an employee of DSI/DIRECTV; 2. DSI MSO Dealer personnel performing services shall be considered solely the employees of DSI MSO Dealer and not employees of DSI/DIRECTV; 3. DSI MSO Dealer has and retains the right to exercise full control of and supervision over the performance its services and full control over the employment, direction, assignment, compensation, and discharge of all personnel performing such services; 4. DSI MSO Dealer is solely responsible for all matters relating to compensation and benefits for all of DSI MSO Dealer personnel who perform services. This responsibility includes (i) timely payment of compensation and benefits, including, but not limited to, overtime pay, medical, dental, and any other benefit, and (ii) all matters relating to compliance with all employer obligations to withhold employee taxes, pay employee and employer taxes, and file payroll tax returns and information returns under local, state and federal income tax laws, unemployment compensation insurance and state disability insurance tax laws, social security and Medicare tax laws, and all other payroll tax laws or similar laws with respect to all DSI MSO Dealer personnel providing services; 5. DSI MSO Dealer shall indemnify, hold harmless and defend DSI/DIRECTV from all losses related to DSI MSO Dealer failure to comply with the immediately preceding paragraph in accordance with the Section entitled “Indemnification.” DSI MSO Dealer shall comply with the requirements of Schedule 5.10 entitled “Background Checks”. a. DSI MSO Dealer shall ensure that all individuals who provide services pursuant to this Agreement execute an “Agreement Regarding Non-Employment Status with DSI/DIRECTV” in the form attached hereto as Schedule 5.10(a), and shall deliver any such executed copy to DSI upon request. b. DSI MSO Dealer shall maintain copies of the “Agreement Regarding Non-Employment Status with DSI/DIRECTV...
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Independent Contractor, No Agents; Relationship; No-Third Party Beneficiaries. The parties agree that System Operator is an independent contractor in performing the construction and installation of Signal Distribution Systems, the marketing DIRECTV Programming and other services described in the Agreement. No party (nor any of its officers, directors, agents or employees) shall act or hold itself out as an agent of the other party hereto. The parties do not intend the Agreement or the relationship hereunder to constitute a joint venture, partnership or franchise of any type. The provisions of the Agreement are for the benefit only of the parties hereto, and no third party may seek to enforce, or benefit from, these provisions.
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Independent Contractor, No Agents; Relationship; No-Third Party Beneficiaries. Dealer is an independent contractor authorized during the term hereof to market, advertise and promote the DIRECTV Service and to solicit Orders for DIRECTV Programming Packages as a commissioned commercial dealer. Dealer is not a partner, franchisee, or employee of DIRECTV for any purpose whatsoever. Dealer hereby represents and warrants to DIRECTV that: 1. Dealer is engaged in an independent business and, except as specifically provided herein, shall perform all obligations under this Agreement as an independent contractor and not as the agent or an employee of DIRECTV; 2. Dealer personnel performing services shall be considered solely the employees of Dealer and not employees of DIRECTV; 3. Dealer has and retains the right to exercise full control of and supervision over the performance its services and full control over the employment, direction, assignment, compensation, and discharge of all personnel performing such services; 4. Dealer is solely responsible for all matters relating to compensation and benefits for all of Dealer personnel who perform services. This responsibility includes (i) timely payment of compensation and benefits, including, but not limited to, overtime pay, medical, dental, and any other benefit, and
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Independent Contractor, No Agents; Relationship; No-Third Party Beneficiaries. The Parties agree that Subcontractor is an independent contractor in performing the construction and installation of “SignEase” Equipment and or “SignEase” Service, the marketing of “SignEase” Equipment and or “SignEase” Service and other services described in this Agreement. No party (nor any of its officers, directors, agents or employees) shall act or hold itself out as an agent of the other party hereto. The parties do not intend this Agreement or the relationship hereunder to constitute a joint venture, partnership or franchise of any type. The provisions of this Agreement are for the benefit only of the parties hereto, and no third party may seek to enforce, or benefit from, these provisions.
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Related to Independent Contractor, No Agents; Relationship; No-Third Party Beneficiaries

  • INDEPENDENT CONTRACTOR; NO AGENCY Nothing in this Agreement will in any way be construed to render Influencer to be or to be construed as an agent, employee or representative of Brand. Influencer is and will perform the Services hereunder as an independent contractor. Influencer acknowledges and agrees that Influencer will not be eligible for any employee benefits (nor do they desire any of them) and expressly waives any entitlement to such benefits. Influencer further agrees to indemnify Brand and hold it harmless to the extent of any obligation imposed on Brand resulting from Influencer’s being determined not to be an independent contractor.

  • RELATIONSHIP OF THE PARTIES/INDEPENDENT CONTRACTOR 27.1 Each Party is an independent contractor, and has and hereby retains the right to exercise full control of and supervision over its own performance of its obligations under this Agreement and retains full control over the employment, direction, compensation and discharge of its employees assisting in the performance of such obligations. Each Party and each Party's contractor(s) shall be solely responsible for all matters relating to payment of such employees, including the withholding or payment of all applicable federal, state and local income taxes, social security taxes and other payroll taxes with respect to its employees, as well as any taxes, contributions or other obligations imposed by applicable state unemployment or workers' compensation acts and all other regulations governing such matters. Each Party has sole authority and responsibility to hire, fire and otherwise control its employees. 27.2 Nothing contained herein shall constitute the Parties as joint venturers, partners, employees or agents of one another, and neither Party shall have the right or power to bind or obligate the other. Nothing herein will be construed as making either Party responsible or liable for the obligations and undertakings of the other Party. Except for provisions herein expressly authorizing a Party to act for another, nothing in this Agreement shall constitute a Party as a legal representative or agent of the other Party, nor shall a Party have the right or authority to assume, create or incur any liability or any obligation of any kind, express or implied, against or in the name or on behalf of the other Party unless otherwise expressly permitted by such other Party. Except as otherwise expressly provided in this Agreement, no Party undertakes to perform any obligation of the other Party, whether regulatory or contractual, or to assume any responsibility for the management of the other Party's business.

  • Relationship of Parties; No Third Party Beneficiary (a) The relationship between Lender and Borrower will be solely that of creditor and debtor, respectively, and nothing contained in this Loan Agreement will create any other relationship between Lender and Borrower. Nothing contained in this Loan Agreement will constitute Lender as a joint venturer, partner or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Loan Agreement and no other Person will be a third party beneficiary of this Loan Agreement or any other Loan Document. Without limiting the generality of the preceding sentence: (i) any arrangement (“Servicing Arrangement”) between Lender and any Loan Servicer for loss sharing or interim advancement of funds will constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) Borrower will not be a third party beneficiary of any Servicing Arrangement, and (iii) no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness.

  • Parties in Interest; No Third Party Beneficiaries Except as otherwise provided herein, the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. Neither this Agreement nor any other agreement contemplated hereby shall be deemed to confer upon any person not a party hereto or thereto any rights or remedies hereunder or thereunder.

  • Successors; No Third-Party Beneficiaries Subject to the terms of Article 13, the terms of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors and assigns. Nothing in this Agreement, whether express or implied, shall be construed to give any person or entity (other than the parties hereto and their respective successors and assigns and, in the case of

  • Independent Contractor Status The Sub-Adviser shall for all purposes hereof be deemed to be an independent contractor and shall, unless otherwise provided or authorized, have no authority to act for or represent the Trust or the Adviser in any way or otherwise be deemed an agent of the Fund or the Adviser.

  • 8No Third-Party Beneficiaries This Agreement will not be construed to create any obligation by either ICANN or Registry Operator to any non-party to this Agreement, including any registrar or registered name holder.

  • Entire Understanding; No Third Party Beneficiaries This Agreement (together with the documents, agreements and instruments referred to herein) represents the entire understanding of the parties with respect to the subject matter hereof and supersedes any and all other oral or written agreements heretofore made with respect to the subject matter hereof. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto, any rights or remedies hereunder.

  • Assignment; No Third Party Beneficiaries 5.2.1 This Agreement and the rights, duties and obligations of the Company hereunder may not be assigned or delegated by the Company in whole or in part. 5.2.2 Prior to the expiration of the Founder Shares Lock-up Period or the Private Placement Lock-up Period, as the case may be, no Holder may assign or delegate such Holder’s rights, duties or obligations under this Agreement, in whole or in part, except in connection with a transfer of Registrable Securities by such Holder to a Permitted Transferee but only if such Permitted Transferee agrees to become bound by the transfer restrictions set forth in this Agreement. 5.2.3 This Agreement and the provisions hereof shall be binding upon and shall inure to the benefit of each of the parties and its successors and the permitted assigns of the Holders, which shall include Permitted Transferees. 5.2.4 This Agreement shall not confer any rights or benefits on any persons that are not parties hereto, other than as expressly set forth in this Agreement and Section 5.2 hereof. 5.2.5 No assignment by any party hereto of such party’s rights, duties and obligations hereunder shall be binding upon or obligate the Company unless and until the Company shall have received (i) written notice of such assignment as provided in Section 5.1 hereof and (ii) the written agreement of the assignee, in a form reasonably satisfactory to the Company, to be bound by the terms and provisions of this Agreement (which may be accomplished by an addendum or certificate of joinder to this Agreement). Any transfer or assignment made other than as provided in this Section 5.2 shall be null and void.

  • Entire Agreement; No Third-Party Beneficiaries This Agreement (a) constitutes the entire agreement and supersedes all other prior agreements, both written and oral, among the parties with respect to the subject matter hereof and (b) is not intended to confer upon any Person, other than the parties hereto, any rights or remedies hereunder.

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