Common use of INDEPENDENT STATUS AND RELATIONSHIP BETWEEN THE PARTIES Clause in Contracts

INDEPENDENT STATUS AND RELATIONSHIP BETWEEN THE PARTIES. The Parties shall at all times be and remain independent of each other, it being understood that the relationship constituted by and in terms of this Agreement shall always be conducted, operated and maintained on an arm’s length basis. Nothing in this Agreement shall be construed as creating a partnership between the Parties and neither Party shall have any authority to incur any liability on behalf of the other or to pledge the credit of the other Party. Notwithstanding that stated above, it is noted and agreed that, in rendering and providing the Services for, to and/or on behalf of PRASA, the CONTRACTOR may (and/or will) from time to time serve and act as the facilitator and/or co-ordinator of PRASA. The nature of the Services dictate, determine, entail and/or require this, and the CONTRACTOR herewith specifically accepts and agrees to that recorded in this clause 28.3, which includes that the CONTRACTOR may act as the facilitator and/or co-ordinator of PRASA in the course of rendering and providing the Services for, to and/or on behalf of PRASA. Despite the fact that the CONTRACTOR may (and/or will) from time to time serve and act as the facilitator and/or co-ordinator of PRASA for purposes of providing and rendering the Services to, for and/or on behalf of PRASA, PRASA will never serve and/or act as the agent and/or representative of the CONTRACTOR and will have no right, title or authority to do so or to hold itself out or to present itself as an agent and/or representative of the CONTRACTOR. It is specifically agreed between the Parties that this Agreement shall not be construed as constituting/appointing either Party as an employee of the other Party for any purpose or in any manner whatsoever, nor will it constitute or create a franchise, joint venture or partnership relationship/agreement between the Parties. Neither of the Parties shall under any circumstances whatsoever describe themselves: as an “employee”, “franchisee”, “partner” or “joint venture partner” for and/or of the other Party; or in any words that would and/or could indicate or imply the existence of an “employer/employee”, “franchisor/franchisee”, “partnership” and/or “joint venture” relationship between the Parties. The CONTRACTOR shall comply with all employment legislation regarding its employees. The CONTRACTOR warrants that it has full knowledge of all relevant statutory, collective and other stipulations applicable to the relationship with its employees and its relationship with PRASA. This includes, but is not limited to, the Labour Relations Act, 1995, the Basic Conditions of Employment Act, 1997, the Employment Equity Act, 1998 and any other applicable employment legislation currently in force or which may come into force during the currency of this Agreement. The CONTRACTOR warrants that it is not and will not in future be in contravention of any of the provisions of any such legislation and in the event of such contravention, the CONTRACTOR shall immediately take all steps to remedy such contravention. If PRASA advises the CONTRACTOR of any contravention of such legislation in writing, the CONTRACTOR shall, within 10 (ten) days after receipt of such notice, take all steps necessary to remedy such contravention and shall keep PRASA informed regarding the steps taken and the implementation and the result thereof. The CONTRACTOR warrants that it is conversant with section 198(4) of the Labour Relations Act and warrants further that any the services supplied by the CONTRACTOR shall be as an independent CONTRACTOR as defined in the Labour Relations Act and the Occupational Health and Safety Act, 1993 and will render the Services as such. The CONTRACTOR hereby indemnifies and holds PRASA harmless against any claim or action whatsoever in terms of section 198(4) of the Labour Relations Act, instituted against PRASA by an employee of the CONTRACTOR. In the event that the CONTRACTOR or any of its employees rendering a service to PRASA, become involved in arbitration or other proceedings falling under a collective agreement under a bargaining council, then the CONTRACTOR shall immediately inform PRASA thereof and on request supply PRASA with a copy of any award made pursuant to such proceedings or agreement and any documentation that PRASA may request in respect thereof. SIGNED at on 2020 For: PRASA Who warrants that s/he is duly authorised AS WITNESSES:

INDEPENDENT STATUS AND RELATIONSHIP BETWEEN THE PARTIES. 29.1. The Parties shall at all times be and remain independent of each other, it being understood that the relationship constituted by and in terms of this Agreement shall always be conducted, operated and maintained on an arm’s length basis. 29.2. Nothing in this Agreement shall be construed as creating a partnership between the Parties and neither Party shall have any authority to incur any liability on behalf of the other or to pledge the credit of the other Party. 29.3. Notwithstanding that stated above, it is noted and agreed that, in rendering and providing the Services for, to and/or on behalf of PRASA, the CONTRACTOR may (and/or will) from time to time serve and act as the facilitator and/or co-ordinator of PRASA. The nature of the Services dictate, determine, entail and/or require this, and the CONTRACTOR herewith specifically accepts and agrees to that recorded in this clause 28.3, which includes that the CONTRACTOR may act as the facilitator and/or co-ordinator of PRASA in the course of rendering and providing the Services for, to and/or on behalf of PRASA. 29.4. Despite the fact that the CONTRACTOR may (and/or will) from time to time serve and act as the facilitator and/or co-ordinator of PRASA for purposes of providing and rendering the Services to, for and/or on behalf of PRASA, PRASA will never serve and/or act as the agent and/or representative of the CONTRACTOR and will have no right, title or authority to do so or to hold itself out or to present itself as an agent and/or representative of the CONTRACTOR. 29.5. It is specifically agreed between the Parties that this Agreement shall not be construed as constituting/appointing either Party as an employee of the other Party for any purpose or in any manner whatsoever, nor will it constitute or create a franchise, joint venture or partnership relationship/agreement between the Parties. 29.6. Neither of the Parties shall under any circumstances whatsoever describe themselves: : 29.6.1. as an “employee”, “franchisee”, “partner” or “joint venture partner” for and/or of the other Party; or or 29.6.2. in any words that would and/or could indicate or imply the existence of an “employer/employee”, “franchisor/franchisee”, “partnership” and/or “joint venture” relationship between the Parties. 28.7. The CONTRACTOR shall comply with all employment legislation regarding its employees. 28.8. The CONTRACTOR warrants that it has full knowledge of all relevant statutory, collective and other stipulations applicable to the relationship with its employees and its relationship with PRASA. This includes, but is not limited to, the Labour Relations Act, 1995, the Basic Conditions of Employment Act, 1997, the Employment Equity Act, 1998 and any other applicable employment legislation currently in force or which may come into force during the currency of this Agreement. The CONTRACTOR warrants that it is not and will not in future be in contravention of any of the provisions of any such legislation and in the event of such contravention, the CONTRACTOR shall immediately take all steps to remedy such contravention. If PRASA advises the CONTRACTOR of any contravention of such legislation in writing, the CONTRACTOR shall, within 10 (ten) days after receipt of such notice, take all steps necessary to remedy such contravention and shall keep PRASA informed regarding the steps taken and the implementation and the result thereof. 28.9. The CONTRACTOR warrants that it is conversant with section 198(4) of the Labour Relations Act and warrants further that any the services supplied by the CONTRACTOR shall be as an independent CONTRACTOR as defined in the Labour Relations Act and the Occupational Health and Safety Act, 1993 and will render the Services as such. The CONTRACTOR hereby indemnifies and holds PRASA harmless against any claim or action whatsoever in terms of section 198(4) of the Labour Relations Act, instituted against PRASA by an employee of the CONTRACTOR. In the event that the CONTRACTOR or any of its employees rendering a service to PRASA, become involved in arbitration or other proceedings falling under a collective agreement under a bargaining council, then the CONTRACTOR shall immediately inform PRASA thereof and on request supply PRASA with a copy of any award made pursuant to such proceedings or agreement and any documentation that PRASA may request in respect thereof. SIGNED at on 2020 For: PRASA Who warrants that s/he is duly authorised AS WITNESSES: 2. SIGNED at on 2020 For: who warrants that s/he is duly authorised AS WITNESSES: 2. ANNEXURE A –

INDEPENDENT STATUS AND RELATIONSHIP BETWEEN THE PARTIES. 28.1. The Parties shall at all times be and remain independent of each other, it being understood that the relationship constituted by and in terms of this Agreement shall always be conducted, operated and maintained on an arm’s length basis. 28.2. Nothing in this Agreement shall be construed as creating a partnership between the Parties and neither Party shall have any authority to incur any liability on behalf of the other or to pledge the credit of the other Party. 28.3. Notwithstanding that stated above, it is noted and agreed that, in rendering and providing the Services for, to and/or on behalf of PRASA, the CONTRACTOR Consultant may (and/or will) from time to time serve and act as the facilitator and/or co-ordinator of PRASA. The nature of the Services dictate, determine, entail and/or require this, and the CONTRACTOR Consultant herewith specifically accepts and agrees to that recorded in this clause 28.3, which includes that the CONTRACTOR Consultant may act as the facilitator and/or co-ordinator of PRASA in the course of rendering and providing the Services for, to and/or on behalf of PRASA. 28.4. Despite the fact that the CONTRACTOR Consultant may (and/or will) from time to time serve and act as the facilitator and/or co-ordinator of PRASA for purposes of providing and rendering the Services to, for and/or on behalf of PRASA, PRASA will never serve and/or act as the agent and/or representative of the CONTRACTOR Consultant and will have no right, title or authority to do so or to hold itself out or to present itself as an agent and/or representative of the CONTRACTORConsultant. 28.5. It is specifically agreed between the Parties that this Agreement shall not be construed as constituting/appointing either Party as an employee of the other Party for any purpose or in any manner whatsoever, nor will it constitute or create a franchise, joint venture or partnership relationship/agreement between the Parties. 28.6. Neither of the Parties shall under any circumstances whatsoever describe themselves: : 28.6.1. as an “employee”, “franchisee”, “partner” or “joint venture partner” for and/or of the other Party; or or 28.6.2. in any words that would and/or could indicate or imply the existence of an “employer/employee”, “franchisor/franchisee”, “partnership” and/or “joint venture” relationship between the Parties. 28.7. The CONTRACTOR Consultant shall comply with all employment legislation regarding its employees. 28.8. The CONTRACTOR Consultant warrants that it has full knowledge of all relevant statutory, collective and other stipulations applicable to the relationship with its employees and its relationship with PRASA. This includes, but is not limited to, the Labour Relations Act, 1995, the Basic Conditions of Employment Act, 1997, the Employment Equity Act, 1998 and any other applicable employment legislation currently in force or which may come into force during the currency of this Agreement. The CONTRACTOR Consultant warrants that it is not and will not in future be in contravention of any of the provisions of any such legislation and in the event of such contravention, the CONTRACTOR Consultant shall immediately take all steps to remedy such contravention. If PRASA advises the CONTRACTOR Consultant of any contravention of such legislation in writing, the CONTRACTOR Consultant shall, within 10 (ten) days after receipt of such notice, take all steps necessary to remedy such contravention and shall keep PRASA informed regarding the steps taken and the implementation and the result thereof. 28.9. The CONTRACTOR Consultant warrants that it is conversant with section 198(4) of the Labour Relations Act and warrants further that any the services supplied by the CONTRACTOR Consultant shall be as an independent CONTRACTOR consultant as defined in the Labour Relations Act and the Occupational Health and Safety Act, 1993 and will render the Services as such. The CONTRACTOR Consultant hereby indemnifies and holds PRASA harmless against any claim or action whatsoever in terms of section 198(4) of the Labour Relations Act, instituted against PRASA by an employee of the CONTRACTORConsultant. In the event that the CONTRACTOR Consultant or any of its employees rendering a service to PRASA, become involved in arbitration or other proceedings falling under a collective agreement under a bargaining council, then the CONTRACTOR Consultant shall immediately inform PRASA thereof and on request supply PRASA with a copy of any award made pursuant to such proceedings or agreement and any documentation that PRASA may request in respect thereof. SIGNED at on 2020 For: PRASA Who warrants that s/he is duly authorised AS WITNESSES: 2. SIGNED at on 2020 For: (To be confirmed) who warrants that s/he is duly authorised AS WITNESSES:

INDEPENDENT STATUS AND RELATIONSHIP BETWEEN THE PARTIES. 28.1. The Parties shall at all times be and remain independent of each other, it being understood that the relationship constituted by and in terms of this Agreement shall always be conducted, operated and maintained on an arm’s length basis. 28.2. Nothing in this Agreement shall be construed as creating a partnership between the Parties and neither Party shall have any authority to incur any liability on behalf of the other or to pledge the credit of the other Party. Notwithstanding that stated above, it is noted and agreed that, in rendering and providing the Services for, to and/or on behalf of PRASA, the CONTRACTOR may (and/or will) from time to time serve and act as the facilitator and/or co-ordinator of PRASA. The nature of the Services dictate, determine, entail and/or require this, and the CONTRACTOR Consultant herewith specifically accepts and agrees to that recorded in this clause 28.3, which includes that the CONTRACTOR Consultant may act as the facilitator and/or co-ordinator of PRASA in the course of rendering and providing the Services for, to and/or on behalf of PRASA. 28.3. Despite the fact that the CONTRACTOR Consultant may (and/or will) from time to time serve and act as the facilitator and/or co-ordinator of PRASA for purposes of providing and rendering the Services to, for and/or on behalf of PRASA, PRASA will never serve and/or act as the agent and/or representative of the CONTRACTOR Consultant and will have no right, title or authority to do so or to hold itself out or to present itself as an agent and/or representative of the CONTRACTORConsultant. 28.4. It is specifically agreed between the Parties that this Agreement shall not be construed as constituting/appointing either Party as an employee of the other Party for any purpose or in any manner whatsoever, nor will it constitute or create a franchise, joint venture or partnership relationship/agreement between the Parties. 28.5. Neither of the Parties shall under any circumstances whatsoever describe themselves: : 28.5.1. as an “employee”, “franchisee”, “partner” or “joint venture partner” for and/or of the other Party; or or 28.5.2. in any words that would and/or could indicate or imply the existence of an “employer/employee”, “franchisor/franchisee”, “partnership” and/or “joint venture” relationship between the Parties. The CONTRACTOR shall comply with all employment legislation regarding its employees. The CONTRACTOR warrants that it has full knowledge of all relevant statutory, collective and other stipulations applicable to the relationship with its employees and its relationship with PRASA. This includes, but is not limited to, the Labour Relations Act, 1995, the Basic Conditions of Employment Act, 1997, the Employment Equity Act, 1998 and any other applicable employment legislation currently in force or which may come into force during the currency of this Agreement. The CONTRACTOR warrants that it is not and will not in future be in contravention of any of the provisions of any such legislation and in the event of such contravention, the CONTRACTOR shall immediately take all steps to remedy such contravention. If PRASA advises the CONTRACTOR of any contravention of such legislation in writing, the CONTRACTOR shall, within 10 (ten) days after receipt of such notice, take all steps necessary to remedy such contravention and shall keep PRASA informed regarding the steps taken and the implementation and the result thereof. The CONTRACTOR warrants that it is conversant with section 198(4) of the Labour Relations Act and warrants further that any the services supplied by the CONTRACTOR shall be as an independent CONTRACTOR as defined in the Labour Relations Act and the Occupational Health and Safety Act, 1993 and will render the Services as such. The CONTRACTOR hereby indemnifies and holds PRASA harmless against any claim or action whatsoever in terms of section 198(4) of the Labour Relations Act, instituted against PRASA by an employee of the CONTRACTOR. In the event that the CONTRACTOR or any of its employees rendering a service to PRASA, become involved in arbitration or other proceedings falling under a collective agreement under a bargaining council, then the CONTRACTOR shall immediately inform PRASA thereof and on request supply PRASA with a copy of any award made pursuant to such proceedings or agreement and any documentation that PRASA may request in respect thereof. SIGNED at on 2020 For: PRASA Who warrants that s/he is duly authorised AS WITNESSES:.

INDEPENDENT STATUS AND RELATIONSHIP BETWEEN THE PARTIES. The Parties shall at all times be and remain independent of each other, it being understood that the relationship constituted by and in terms of this Agreement shall always be conducted, operated and maintained on an arm’s length basis. Nothing in this Agreement shall be construed as creating a partnership between the Parties and neither Party shall have any authority to incur any liability on behalf of the other or to pledge the credit of the other Party. Notwithstanding that stated above, it is noted and agreed that, in rendering and providing the Services for, to and/or on behalf of PRASA, the CONTRACTOR Consultant may (and/or will) from time to time serve and act as the facilitator and/or co-ordinator of PRASA. The nature of the Services dictate, determine, entail and/or require this, and the CONTRACTOR Consultant herewith specifically accepts and agrees to that recorded in this clause 28.3, which includes that the CONTRACTOR Consultant may act as the facilitator and/or co-ordinator of PRASA in the course of rendering and providing the Services for, to and/or on behalf of PRASA. Despite the fact that the CONTRACTOR Consultant may (and/or will) from time to time serve and act as the facilitator and/or co-ordinator of PRASA for purposes of providing and rendering the Services to, for and/or on behalf of PRASA, PRASA will never serve and/or act as the agent and/or representative of the CONTRACTOR Consultant and will have no right, title or authority to do so or to hold itself out or to present itself as an agent and/or representative of the CONTRACTORConsultant. It is specifically agreed between the Parties that this Agreement shall not be construed as constituting/appointing either Party as an employee of the other Party for any purpose or in any manner whatsoever, nor will it constitute or create a franchise, joint venture or partnership relationship/agreement between the Parties. Neither of the Parties shall under any circumstances whatsoever describe themselves: as an “employee”, “franchisee”, “partner” or “joint venture partner” for and/or of the other Party; or in any words that would and/or could indicate or imply the existence of an “employer/employee”, “franchisor/franchisee”, “partnership” and/or “joint venture” relationship between the Parties. The CONTRACTOR Consultant shall comply with all employment legislation regarding its employees. The CONTRACTOR Consultant warrants that it has full knowledge of all relevant statutory, collective and other stipulations applicable to the relationship with its employees and its relationship with PRASA. This includes, but is not limited to, the Labour Relations Act, 1995, the Basic Conditions of Employment Act, 1997, the Employment Equity Act, 1998 and any other applicable employment legislation currently in force or which may come into force during the currency of this Agreement. The CONTRACTOR Consultant warrants that it is not and will not in future be in contravention of any of the provisions of any such legislation and in the event of such contravention, the CONTRACTOR Consultant shall immediately take all steps to remedy such contravention. If PRASA advises the CONTRACTOR Consultant of any contravention of such legislation in writing, the CONTRACTOR Consultant shall, within 10 (ten) days after receipt of such notice, take all steps necessary to remedy such contravention and shall keep PRASA informed regarding the steps taken and the implementation and the result thereof. The CONTRACTOR Consultant warrants that it is conversant with section 198(4) of the Labour Relations Act and warrants further that any the services supplied by the CONTRACTOR Consultant shall be as an independent CONTRACTOR consultant as defined in the Labour Relations Act and the Occupational Health and Safety Act, 1993 and will render the Services as such. The CONTRACTOR Consultant hereby indemnifies and holds PRASA harmless against any claim or action whatsoever in terms of section 198(4) of the Labour Relations Act, instituted against PRASA by an employee of the CONTRACTORConsultant. In the event that the CONTRACTOR Consultant or any of its employees rendering a service to PRASA, become involved in arbitration or other proceedings falling under a collective agreement under a bargaining council, then the CONTRACTOR Consultant shall immediately inform PRASA thereof and on request supply PRASA with a copy of any award made pursuant to such proceedings or agreement and any documentation that PRASA may request in respect thereof. SIGNED at on 2020 For: PRASA Who warrants that s/he is duly authorised AS WITNESSES:

INDEPENDENT STATUS AND RELATIONSHIP BETWEEN THE PARTIES. The Parties shall at all times be and remain independent of each other, it being understood that the relationship constituted by and in terms of this Agreement shall always be conducted, operated and maintained on an arm’s length basis. Nothing in this Agreement shall be construed as creating a partnership between the Parties and neither Party shall have any authority to incur any liability on behalf of the other or to pledge the credit of the other Party. Notwithstanding that stated above, it is noted and agreed that, in rendering and providing the Services for, to and/or on behalf of PRASA, the CONTRACTOR may (and/or will) from time to time serve and act as the facilitator and/or co-ordinator of PRASA. The nature of the Services dictate, determine, entail and/or require this, and the CONTRACTOR Consultant herewith specifically accepts and agrees to that recorded in this clause 28.3, which includes that the CONTRACTOR Consultant may act as the facilitator and/or co-ordinator of PRASA in the course of rendering and providing the Services for, to and/or on behalf of PRASA. Despite the fact that the CONTRACTOR Consultant may (and/or will) from time to time serve and act as the facilitator and/or co-ordinator of PRASA for purposes of providing and rendering the Services to, for and/or on behalf of PRASA, PRASA will never serve and/or act as the agent and/or representative of the CONTRACTOR Consultant and will have no right, title or authority to do so or to hold itself out or to present itself as an agent and/or representative of the CONTRACTORConsultant. It is specifically agreed between the Parties that this Agreement shall not be construed as constituting/appointing either Party as an employee of the other Party for any purpose or in any manner whatsoever, nor will it constitute or create a franchise, joint venture or partnership relationship/agreement between the Parties. Neither of the Parties shall under any circumstances whatsoever describe themselves: as an “employee”, “franchisee”, “partner” or “joint venture partner” for and/or of the other Party; or in any words that would and/or could indicate or imply the existence of an “employer/employee”, “franchisor/franchisee”, “partnership” and/or “joint venture” relationship between the Parties. The CONTRACTOR Consultant shall comply with all employment legislation regarding its employees. The CONTRACTOR Consultant warrants that it has full knowledge of all relevant statutory, collective and other stipulations applicable to the relationship with its employees and its relationship with PRASA. This includes, but is not limited to, the Labour Relations Act, 1995, the Basic Conditions of Employment Act, 1997, the Employment Equity Act, 1998 and any other applicable employment legislation currently in force or which may come into force during the currency of this Agreement. The CONTRACTOR Consultant warrants that it is not and will not in future be in contravention of any of the provisions of any such legislation and in the event of such contravention, the CONTRACTOR Consultant shall immediately take all steps to remedy such contravention. If PRASA advises the CONTRACTOR Consultant of any contravention of such legislation in writing, the CONTRACTOR Consultant shall, within 10 (ten) days after receipt of such notice, take all steps necessary to remedy such contravention and shall keep PRASA informed regarding the steps taken and the implementation and the result thereof. The CONTRACTOR Consultant warrants that it is conversant with section 198(4) of the Labour Relations Act and warrants further that any the services supplied by the CONTRACTOR Consultant shall be as an independent CONTRACTOR consultant as defined in the Labour Relations Act and the Occupational Health and Safety Act, 1993 and will render the Services as such. The CONTRACTOR Consultant hereby indemnifies and holds PRASA harmless against any claim or action whatsoever in terms of section 198(4) of the Labour Relations Act, instituted against PRASA by an employee of the CONTRACTORConsultant. In the event that the CONTRACTOR Consultant or any of its employees rendering a service to PRASA, become involved in arbitration or other proceedings falling under a collective agreement under a bargaining council, then the CONTRACTOR Consultant shall immediately inform PRASA thereof and on request supply PRASA with a copy of any award made pursuant to such proceedings or agreement and any documentation that PRASA may request in respect thereof. SIGNED at on 2020 For: PRASA Who warrants that s/he is duly authorised AS WITNESSES: