Independent Nature. Trading Partner hereby expressly acknowledges its understanding that this Agreement constitutes a contract between Trading Partner and Health Plan, that Health Plan is a corporation operating under license fromthe Blue Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield Plans, (the “Association”) permitted Health Plan to use the Blue Cross and Blue Shield Service xxxx in Xxxxxx, Cayuga, Chemung, Chenango, Xxxxxxx, Xxxxxxxx, Delaware, Essex, Franklin, Fulton, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Oneida, Onondaga, Ontario, Otsego, Oswego, St. Xxxxxxxx, Tioga, Tompkins, Schuyler, Seneca, Xxxxxxx, Xxxxx, and Xxxxx counties of New York State and that Health Plan is not contracting as the agent of the Association. Trading Partner further acknowledges and agrees that it has not entered into this agreement based upon representations by any person other than Health Plan and that no person, entity, or organization other than Health Plan shall be held accountable or liable to Trading Partner for any of Health Plan obligations to Trading Partner created under this Agreement. This paragraph shall not create any additional obligations whatsoever on the part of Health Plan other than those obligations created under other provisions of this Agreement.
Independent Nature. In rendering the services pursuant to this Agreement and for the duration of the Term, BANNACK shall serve as an independent contractor and not as an employee or agent of Client. Nothing in this Agreement shall be construed to create of imply a joint venture, partnership, principal-agent or employment relationship between the Parties. Neither party shall take any action or permit such an action to take place on its behalf that purports to be done in the name of or on behalf of the other party.
Independent Nature. The obligations of each entity/person of Party B under this Agreement are several and not joint, and each entity/person of Party B shall be only responsible for the performance of himself/itself and no entity/person of Party B is responsible in any way for the performance or conduct of any other entity/person of Party B or other Party of this Agreement.
Independent Nature. The rights and obligations of each Investor under this Agreement are several and not joint with the rights and obligations of each other Investor, and an Investor shall not be responsible in any way for the performance of the obligations of any other Investor under this Agreement. Nothing contained herein, and no action taken by any Investor pursuant hereto, shall constitute the Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investors are in any way acting as a "group" (within the meaning of Section 13(d) of the Securities Exchange Act of 1934, as amended, the "Exchange Act") or in concert with respect to such obligations or the transactions contemplated hereby. Each Investor shall be entitled to independently protect and enforce its rights, including without limitation the rights arising out of this Agreement, and it shall not be necessary for the other Investors to be joined as an additional party in any proceeding for such purposes.
Independent Nature. The decision of each Holder to enter into to this Agreement has been made by such Holder independently of any other Holder. Nothing contained herein, and no action taken by any Holder pursuant hereto or thereto, shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Holders are in any way acting in concert or as a group. Each Holder confirms that it has independently participated in the review, negotiation and entry into this Agreement with the advice of its own counsel and advisors. The Company has elected to provide all Holders with the same terms and Agreement for the convenience of the Company and not because it was required or requested to do so by the Holders. Each Holder shall be entitled to independently protect and enforce its rights arising out of, and subject to the terms and conditions of, this Agreement.
Independent Nature. The rights and obligations of each Investor under this Agreement, the Registration Rights Agreement and all other agreements, documents and instruments contemplated hereby and thereby (the "Transaction Documents") are several and not joint with the rights and obligations of each other Investor, and an Investor shall not be responsible in any way for the performance of the obligations of any other Investor under any Transaction Document. Nothing contained herein or in any other Transaction Document, and no action taken by any Investor pursuant hereto or thereto, shall constitute the Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by the Transaction Documents. Each Investor confirms that it has independently participated in the negotiation of the transaction contemplated hereby with the advice of its own counsel and advisors. Each Investor shall be entitled to independently protect and enforce its rights, including, without limitations, the rights arising out of this Agreement or out of any other Transaction Documents, and it shall not be necessary for the other Investors to be joined as an additional party in any proceeding for such purposes.
Independent Nature. The rights and obligations of each Investor under this Agreement are several and not joint with the rights and obligations of each other Investor, and an Investor shall not be responsible in any way for the performance of the obligations of any other Investor under this Agreement. Nothing contained herein, and no action taken by any Investor pursuant hereto, shall constitute the Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investors are in any way acting in concert with respect to such obligations or the transactions contemplated hereby. Each Investor shall be entitled to independently protect and enforce its rights, including without limitation the rights arising out of this Agreement, and it shall not be necessary for the other Investors to be joined as an additional party in any proceeding for such purposes.
Independent Nature. Each Purchaser, or Purchasers under common management, have independently participated in the negotiation of the transactions contemplated hereby. Each Purchaser, or Purchasers under common management, are purchasing or acquiring the Securities and will acquire any Stock Amortization Shares issued pursuant to the provisions of this Agreement for its or their own account and with its or their own funds and each Purchaser, or Purchasers under common management, is or are exercising its or their own judgment with respect to the transactions contemplated hereby.
Independent Nature. Each Purchaser, or Purchasers under common management, covenant and agree that it or they will acquire any Stock Amortization Shares issued pursuant to the provisions of this Agreement for its or their own account and with its or their own funds and that it or they will at all times exercise its or their own judgment with respect to the transactions contemplated hereby.
Independent Nature. Any Participating Dentists who provide professional services to Members shall be independent contractors and not employees of, nor under the control, supervision or management of Contractor, except to the extent required by Article 2.2(b) of this Agreement and as otherwise provided herein. Each Participating Dentist shall be duly licensed and qualified to perform the services to be rendered to Members.
