Nature of Relationship Between Parties. The CONSULTANT shall render the Consultant Services in this Agreement as an independent contractor. Except as otherwise agreed to by the COMPANY, CONSULTANT will have no authority or power to bind the COMPANY in relation to third parties or to represent to third parties that CONSULTANT has authority or power to bind the COMPANY. It is not the intention of the parties to this Agreement to create, by virtue of this Agreement, any employment relationship, trust, partnership or joint venture between CONSULTANT and the COMPANY or any of its affiliates or, except as specifically provided in this Agreement, to make them legal representatives or agents of each other or to create any fiduciary relationship or additional contractual relationship among them.
Nature of Relationship Between Parties. The sole relationship between the parties created by this agreement is that of LESSOR and LESSEE. Nothing contained in this lease shall be deemed, held, or construed as creating a joint venture or partnership between the parties.
Nature of Relationship Between Parties. Consultant will render the Consulting Services in this Agreement as an independent contractor, while specifically adhering to the rules, policies, regulations and procedures of the Company, as may be amended by the Company at anytime. Except as otherwise specifically agreed to by the Company in writing, Consultant shall have no authority or power to bind the Company with respect to third parties and Consultant shall not represent to third parties that Consultant has authority or power to bind the Company. It is not the intention of the parties to this Agreement to create, by virtue of this Agreement, any employment relationship, trust, partnership, or joint venture between Consultant and the Company or any of its affiliates, except as specifically provided in this Agreement, to make them legal representatives or agents of each other or to create any fiduciary relationship or additional contractual relationship among them.
Nature of Relationship Between Parties. The Executive shall render the Consultant Services in this Agreement as an independent contractor. Except as otherwise agreed to by the Company, Executive will have no authority or power to bind the Company in relation to third parties or to represent to third parties that Executive has authority or power to bind the Company. It is not the intention of the parties to this Agreement to create, by virtue of this Agreement, any employment relationship, trust, partnership or joint venture between Executive and the Company or any of its affiliates or, except as specifically provided in this Agreement, to make them legal representatives or agents of each other or to create any fiduciary relationship or additional contractual relationship among them.
Nature of Relationship Between Parties. The sole relationship between the parties created by this agreement is that of LANDLORD and TENANT. Nothing contained in this lease shall be deemed, held, or construed as creating a joint venture or partnership between the parties.
Nature of Relationship Between Parties. Except as specifically described in paragraph 8 herein, nothing herein shall be construed to place the parties in a relationship of partners or joint venturers, and this Agreement does not make either party the agent or legal representatives of the other for any purpose whatsoever. Except as provided herein, the parties further agree that no representation shall be made by either party that would create an apparent agency, employment, partnership, or joint venture. Neither party shall have the power, expressed or implied, to obligate or bind the other in any manner whatsoever. Neither party shall be responsible for any act or omission of the other or any employee of the other. No employee of Wintek is or shall be considered an employee of Customer and no employee of Customer shall be considered an employee of Wintek for any purpose in connection with the performance of Services under this Agreement.
Nature of Relationship Between Parties. Nothing contained in this Agreement authorizes, empowers, or constitutes Cxxxx Cxxxxx to act as the agent or legal representative of Client in any manner whatsoever nor be construed to place the parties in a relationship of partners or joint venturers. Cxxxx Cxxxxx shall perform the Services exclusively as an independent contractor. Accordingly, Client will not withhold or be responsible for any federal or state income taxes, social security payments, or employment taxes with respect to the payment of the fees or other compensation to Cxxxx Cxxxxx under this Agreement. Nor will this Agreement in any manner whatsoever authorize or empower Cxxxx Cxxxxx to assume or create any obligation or responsibility, express or implied, on behalf of, or in the name of Client. Further, this Agreement does not authorize or empower Cxxxx Cxxxxx to bind Client in any manner or make any representation, warranty, covenant, agreement or commitment on behalf of Client, including but not limited to any that would create an apparent agency, employment, partnership, or joint venture, nor will any employee, agent or subcontractor of Cxxxx Cxxxxx be deemed or construed to be an employee, partner, joint venturer or agent of Client. Cxxxx Cxxxxx will be solely responsible for performance of the Services hereunder, including day-to-day operations and the supervision of, and control over, its employees and agents and the employees of its agents and subcontractors, if any, including, any software, hardware, equipment, tools and other materials used by Cxxxx Cxxxxx in connection with performance of the Services. No act or direction of Client will be deemed to be the exercise of supervision of, or control over, Cxxxx Chizek’s or any agent’s or subcontractor’s performance of the day-to-day operations hereunder.
Nature of Relationship Between Parties. The Consultant shall render the consulting services in this Agreement as an independent contractor. Except as otherwise specifically authorized in writing by the Company, the Consultant shall have no authority or power to bind the Company (or any other member of the Company Group) with respect to third parties and the Consultant shall not represent to third parties that the Consultant has authority or power to bind the Company (or any other member of the Company Group). It is not the intention of the parties to this Agreement to create, by virtue of this Agreement, any employment relationship, trust, partnership or joint venture between the Consultant and the Company (or any other member of the Company Group), except as specifically provided in this Agreement, to make them legal representatives or agents of each other or to create any fiduciary relationship or additional contractual relationship among them. As an independent contractor, the Consultant is not eligible for any Company Group provided employee benefits. Notwithstanding the foregoing, the Consultant is eligible for certain benefits by virtue of his status as a retired executive of the Company and this Agreement does not terminate, modify or supersede any benefit to which the Consultant, as a retired executive of the Company, otherwise is entitled to receive, including (as applicable and without limitation) retirement plans (whether qualified or nonqualified), health and welfare plans, bonus plans or agreements, equity compensation plans, awards or agreements, and performance awards, in which the Consultant participated or which the Consultant was awarded or made a party to in connection with his employment by the Company including without limitation those set forth on Schedule A hereto.
Nature of Relationship Between Parties. During the Employment Period, Executive shall render the Employment Services described in this Agreement as an employee.
Nature of Relationship Between Parties. Nothing contained in this -------------------------------------- Agreement shall be deemed to constitute either Party or any of its representatives the partner, joint venturer, agent, or legal representative of the other Party or to create any fiduciary relationship between the Parties for any purpose whatsoever. Except as otherwise specifically provided in this Agreement, neither Party nor any of its representatives shall have any authority to act for, bind, create, or assume any obligation or responsibility on behalf of the other Party. Nothing in the Agreement shall be deemed to establish a minimum amount of Royalties to be paid to Paradigm; provided, however, ----------------- that for so long as Royalties shall be payable pursuant to this Agreement, Evolve will use commercially reasonable efforts to license and sublicense the Licensed Software. Paradigm may not refer to Evolve's customers in its marketing materials, including, without limitation, press releases and customer lists. Each party may refer in its marketing materials to the other party and the nature of the relationship between the parties, provided that any such reference by a party has been approved in writing by an authorized representative of the other party prior to its release or publication. Nothing in this Agreement shall be deemed to require either party to refer to the other Party or the nature of the relationship between the parties, except that Evolve is required to identify Paradigm as the owner of the Licensed Software in the Integrated Offering until the Royalty Cap has been reached.
