Independent Entity Status. The Grantee and the DEP agree that the Grantee is an independent entity and not an employee of the DEP or the City. Accordingly, neither the Grantee nor its employees or agents will hold themselves out as, or claim to be, officers or employees of the City, or of any department, agency or unit of the City, by reason of this Agreement, and they will not, by reason of this Agreement, make any claim, demand or application to or for any right or benefit applicable to an officer or employee of the City, including, but not limited to, Workers’ Compensation coverage, Disability Benefits coverage, Unemployment Insurance benefits, Social Security coverage or employee retirement membership or credit.
Independent Entity Status. During the Term of this Agreement (as defined in Section 10), Administrator is at all times acting and performing as an independent contractor, and not as an employee, joint venture or partner of the other parties for any purposes whatsoever. If, however, a joint venture or partnership is found to exist for federal income tax purposes: (i) capital accounts will be maintained for Administrator and OLPG on a tax accounting basis; (ii) net income will be allocated to Administrator in the amount of the payments due Administrator pursuant to Section 5 hereof; (iii) all remaining net taxable income or loss will be allocated to the joint venture; and (iv) upon termination, distributions will be in accordance with Administrator’s and OLPG’s capital account balances. Except as otherwise expressly agreed to in this Agreement, Administrator shall not have any right, authority or duty to act for the OLHS Entities, and the OLHS Entities shall not have the right, authority or duty to act for Administrator.
Independent Entity Status. The Grant Recipient takes full responsibility for the Project and Project participants. The Grant Recipient is an independent entity in the performance of its activities and functions. The Grant Recipient and City are not and shall not be considered partners or agents of each other and neither shall have the power to bind or obligate the other. Under no circumstances will the Project be considered a joint venture between the City and the Grant Recipient. The Grant Recipient's officers, employees, agents, and subcontractors shall not be considered as officers, employees, agents, or subcontractors of the City. The Grant Recipient shall be responsible for all Project participant claims for Workers' Compensation benefits, or other claims by participants arising as a result of activities funded in whole or in part from the proceeds of this Agreement, and the Grant Recipient shall hold the City harmless for any and all such claims.
