Common use of Independent Contractor, No Partnership or Joint Venture, Absence of Fiduciary Relationship Clause in Contracts

Independent Contractor, No Partnership or Joint Venture, Absence of Fiduciary Relationship. The Parties acknowledge that the Service Provider is providing or arranging for the provision of the Services hereunder as an independent contractor and that the Service Recipients and the Service Provider are not partners or joint venturers with or agents of each other, and nothing herein will be construed so as to make them partners, joint venturers or agents or impose any liability as such on any of them as a result of this Agreement; provided that nothing herein will be construed so as to prohibit the Service Recipients and the Service Provider from embarking upon an investment together as partners, joint venturers or in any other manner whatsoever. The Parties acknowledge that no fiduciary or advisory relationship between the Service Provider, on the one hand, and the Service Recipients, on the other, has been created by this Agreement. Each YieldCo Party waives, on its own behalf and on behalf of the other Service Recipients, to the fullest extent permitted by law, any claims they may have against the Service Provider for breach of fiduciary duty or alleged breach of fiduciary duty and agrees that the Service Provider shall have no liability (whether direct or indirect) to the Service Recipients in respect of such a fiduciary duty claim or to any person asserting a fiduciary duty claim on behalf of or in right of the Service Recipients, including the owners, employees or creditors of the Service Recipients.

Appears in 6 contracts

Samples: Management Services Agreement, Management Services Agreement (8point3 Energy Partners LP), Management Services Agreement (8point3 Energy Partners LP)

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Independent Contractor, No Partnership or Joint Venture, Absence of Fiduciary Relationship. The Parties parties acknowledge that the Service Provider Manager is providing or arranging for the provision of the Services hereunder as an independent contractor and that the Service Recipients and the Service Provider Manager are not partners or joint venturers with or agents of each other, and nothing herein will be construed so as to make them partners, joint venturers or agents or impose any liability as such on any of them as a result of this Agreement; , provided that nothing herein will be construed so as to prohibit the Service Recipients and the Service Provider Manager from embarking upon an investment together as partners, joint venturers or in any other manner whatsoever. The Parties parties acknowledge that no fiduciary or advisory relationship between the Service ProviderManager, on the one hand, and the Service Recipients, on the other, has been created by this Agreement. Each YieldCo Party of the NEP Parties waives, on its own behalf and on behalf of the other Service Recipients, to the fullest extent permitted by law, any claims they may have against the Service Provider Manager for breach of fiduciary duty or alleged breach of fiduciary duty and agrees that the Service Provider Manager shall have no liability (whether direct or indirect) to the Service Recipients in respect of such a fiduciary duty claim or to any person asserting a fiduciary duty claim on behalf of or in right of the Service Recipients, including the owners, employees or creditors of the Service Recipients.

Appears in 2 contracts

Samples: Management Services Agreement (NextEra Energy Partners, LP), Management Services Agreement (NextEra Energy Partners, LP)

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