Common use of Nature of the Relationship Clause in Contracts

Nature of the Relationship. 4.1 It is expressly agreed, represented and understood that the parties have entered into an arm’s length independent contract for the rendering of the Services and that the Consultant shall at all times be an independent contractor with control over the manner and means of its performance of its obligations hereunder, and not an employee, agent or servant of the Company. Neither this Agreement, nor any action of the parties under this Agreement, will create or will be deemed to create a partnership, joint venture, master/servant, employer/employee, principal/agent or any relationship other than an independent contractor providing an independent service for which the Company will be invoiced according to the terms and conditions of this Agreement. 4.2 The Consultant’s contact within the Company is the person specified in Schedule “D”; 4.3 Neither the Consultant nor its employees, subcontractors or agents shall be entitled, as a result of or pursuant to this Agreement, to rights or privileges applicable to employees of the Company including, but not limited to, liability insurance, group insurance, pension plans, holiday paid vacation and other benefit plans which may be available from time to time between the Company and its employees. 4.4 The Consultant shall be responsible for providing, training and managing its employees and shall take full responsibility for its employees, and without limiting the generality of the foregoing, shall be responsible for (a) payment of all of its employee training costs and (b) payments to the proper authorities of all remittances required by applicable law or regulation, including employment insurance premiums, pension contributions, worker’s compensation premiums and all other similar payments and assessments arising as a result of the provision of the Services hereunder by the Consultant (collectively the “Remittances”). 4.5 At the request of the Company, the Consultant agrees to provide verification of payment by the Consultant of all Remittances due by the Consultant as a result of compensation paid hereunder. If the Company does not receive such verification of payment in a timely manner or is not satisfied with such verification the Consultant authorizes the Company to deduct from the compensation paid hereunder from time to time such sums as may be reasonably required to pay for such Remittances. 4.6 The Consultant hereby acknowledges that as an independent contractor, the Consultant will not qualify for any assistance under the Unemployment Insurance Act (Canada).

Appears in 2 contracts

Samples: Consulting Agreement (Southwestern Resources Corp), Consulting Agreement (Southwestern Resources Corp)

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Nature of the Relationship. 4.1 It is expressly agreed, represented and understood that the parties have entered into an arm’s length independent contract for the rendering of the Services and that the Consultant shall at all times be an independent contractor with control over the manner and means of its performance of its obligations hereunder, and not an employee, agent or servant of the Company. Neither this Agreement, nor any action of the parties under this Agreement, will create or will be deemed to create a partnership, joint venture, master/servant, employer/employee, principal/agent or any relationship other than an independent contractor providing an independent service for which the Company will be invoiced according to the terms and conditions of this Agreement. 4.2 The Consultant’s contact within the Company is the person specified in Schedule “D”; 4.3 Neither the Consultant nor its employees, subcontractors or agents shall be entitled, as a result of or pursuant to this Agreement, to rights or privileges applicable to employees of the Company including, but not limited to, liability insurance, group insurance, pension plans, holiday paid vacation and other benefit plans which may be available from time to time between the Company and its employees. 4.4 4.3 The Consultant shall be responsible for providing, training and managing its employees and shall take full responsibility for its employees, and without limiting the generality of the foregoing, shall be responsible for (a) payment of all of its employee training costs and (b) for payments to the all proper authorities of all remittances required by applicable law or regulationregulation under applicable tax and other laws, including payments for employment insurance premiums, pension contributions, worker’s compensation premiums premiums, contributions to any social insurance, medical insurance, housing funds and all other similar payments and assessments arising as a result of the provision of the providing Services hereunder by the Consultant (collectively the “Remittances”). 4.5 4.4 At the request of the Company, the Consultant agrees to provide the Company with verification of payment by the Consultant of all Remittances due by the Consultant during the prior calendar quarter as a result of compensation paid hereunder. If the Company does not receive such verification of payment in a timely manner or is not satisfied with such verification the Consultant authorizes the Company to deduct from the compensation paid hereunder from time to time such sums as may be reasonably required to pay for such Remittances. 4.6 4.5 The Consultant hereby acknowledges represents and warrants that as an independent contractor, the Consultant will not qualify for any assistance under the Unemployment Insurance Act (is a non-resident of Canada).

Appears in 1 contract

Samples: Consulting Agreement (Southwestern Resources Corp)

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Nature of the Relationship. 4.1 It is expressly agreed, represented and understood that the parties have entered into an arm’s length independent contract for the rendering of the Services and that the Consultant shall at all times be an independent contractor with control over the manner and means of its performance of its obligations hereunder, and not an employee, agent or servant of the Company. Neither this Agreement, nor any action of the parties under this Agreement, will create or will be deemed to create a partnership, joint venture, master/servant, employer/employee, principal/agent or any relationship other than an independent contractor providing an independent service for which the Company will be invoiced according to the terms and conditions of this Agreement. 4.2 The Consultant’s contact within the Company is the person specified in Schedule “D”; 4.3 Neither the Consultant nor its employees, the Consultant’s subcontractors or agents shall be entitled, as a result of or pursuant to this Agreement, to rights or privileges applicable to employees of the Company including, but not limited to, liability insurance, group insurance, pension plans, holiday paid vacation and other benefit plans which may be available from time to time between the Company and its employees. 4.4 The Consultant shall be responsible for providing, training and managing its employees and shall take full responsibility for its employees, and without limiting the generality of the foregoing, shall be responsible for (a) payment of all of its employee training costs and (b) payments to the proper authorities of all remittances required by applicable law or regulation, including employment insurance premiums, pension contributions, worker’s compensation premiums and all other similar payments and assessments arising as a result of the provision of the Services hereunder by the Consultant (collectively the “Remittances”). 4.5 At the request of the Company, the Consultant agrees to provide verification of payment by the Consultant of all Remittances due by the Consultant as a result of compensation paid hereunder. If the Company does not receive such verification of payment in a timely manner or is not satisfied with such verification the Consultant authorizes the Company to deduct from the compensation paid hereunder from time to time such sums as may be reasonably required to pay for such Remittances. 4.6 The Consultant hereby acknowledges that as an independent contractor, the Consultant will not qualify for any assistance under the Unemployment Insurance Act (Canada).

Appears in 1 contract

Samples: Consulting Agreement (Southwestern Resources Corp)

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