Common use of No Franchise or Business Opportunity Agreement Clause in Contracts

No Franchise or Business Opportunity Agreement. The Parties to this Agreement are independent contractors and nothing in this Agreement shall be deemed or constructed as creating a joint venture, partnership, agency relationship, franchise or business opportunity between Medizone and Distributor. Neither Party, by virtue of this Agreement, will have any right, power or authority to act or create an obligation, express or implied, on behalf of the other Party. Each Party assumes responsibility for the actions of their personnel under this Agreement and will be solely responsible for their supervision, daily direction and control, wage rates, withholding income taxes, disability benefits, or the manner and means through which the work under this Agreement will be accomplished. Except as provided otherwise in this Agreement, Distributor has the sole discretion to determine Distributor’s methods of operation, Distributor’s accounting practices, the types and amounts of insurance Distributor carries, Distributor’s personnel practices, Distributor’s advertising and promotion, Distributor’s Customers, and Distributor’s service areas and methods. The relationship created hereby between the Parties is solely that of seller and distributor. If any provision of this Agreement is deemed to create a franchise relationship between the Parties, then the Parties shall negotiate in good faith to modify this Agreement so as to effect the Parties’ original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as a distribution agreement and not a franchise agreement.

Appears in 2 contracts

Samples: Distribution and License Agreement, Distribution and License Agreement (Medizone International Inc)

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No Franchise or Business Opportunity Agreement. The Parties to this Agreement are independent contractors and nothing in this Agreement shall be deemed or constructed as creating a joint venture, partnership, agency relationship, franchise franchise, or business opportunity between Medizone Seller and Distributor. Neither Party, by virtue of this Agreement, will have any right, power power, or authority to act or create an obligation, express or implied, on behalf of the other Party. Each Party assumes responsibility for the actions of their personnel under this Agreement and will be solely responsible for their supervision, daily direction direction, and control, wage rates, withholding income taxes, disability benefits, or the manner and means through which the work under this Agreement will be accomplished. Except as provided otherwise in this Agreement, Distributor has the sole discretion to determine Distributor’s methods of operation, Distributor’s accounting practices, the types and amounts of insurance Distributor carries, Distributor’s personnel practices, Distributor’s advertising and promotion, Distributor’s Customerscustomers, and Distributor’s service areas and methods. The relationship created hereby between the Parties parties is solely that of seller Seller and distributorDistributor. If any provision of this Agreement is deemed to create a franchise relationship between the Partiesparties, then the Parties shall negotiate in good faith to modify this Agreement so as to effect the Parties’ original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as a distribution agreement and not a franchise agreement.

Appears in 1 contract

Samples: Distribution Agreement (Superior Drilling Products, Inc.)

No Franchise or Business Opportunity Agreement. The Parties to this Agreement are independent contractors and nothing in this Agreement shall be deemed or constructed as creating a joint venture, partnership, agency relationship, franchise or business opportunity between Medizone and Distributor. Neither Party, by virtue of this Agreement, will have any right, power or authority to act or create an obligation, express or implied, on behalf of the other Party. Each Party assumes responsibility for the actions of their personnel under this Agreement and will be solely responsible for their supervision, daily direction and control, wage rates, withholding income taxes, disability benefits, or the manner and means through which the work under this Agreement will be accomplished. Except as provided otherwise in this Agreement, Distributor has the sole discretion to determine Distributor’s methods of operation, Distributor’s accounting practices, the types and amounts of insurance Distributor carries, Distributor’s personnel practices, Distributor’s advertising and promotion, Distributor’s Customers, and Distributor’s service areas and methods. The relationship created hereby between the Parties is solely that of seller and distributor. If any provision of this Agreement is deemed to create a franchise relationship between the Parties, then the Parties shall negotiate in good faith to modify this Agreement so as to effect the Parties’ original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as a distribution agreement and not a franchise agreement.. Medizone International – GYD S.A. Distribution Agreement

Appears in 1 contract

Samples: Distribution and License Agreement (Medizone International Inc)

No Franchise or Business Opportunity Agreement. The Parties to this Agreement are independent contractors and nothing in this Agreement shall be deemed or constructed as creating a joint venture, partnership, agency relationship, franchise franchise, or business opportunity between Medizone SI and DistributorReseller. Neither Party, by virtue of this Agreement, will have any right, power power, or authority to act or create an obligation, express or implied, on behalf of the other Party. Each Party assumes responsibility for the actions of their personnel under this Agreement and will be solely responsible for their supervision, daily direction and control, wage rates, withholding income taxes, disability benefits, or the manner and means through which the work under this Agreement will be accomplished. Except as provided otherwise in this Agreement, Distributor Reseller has the sole discretion to determine Distributor’s Reseller's methods of operation, Distributor’s Reseller's accounting practices, the types and amounts of insurance Distributor Reseller carries, Distributor’s Reseller's personnel practices, Distributor’s Reseller's advertising and promotion, Distributor’s CustomersReseller's customers, and Distributor’s Reseller's service areas and methods. The relationship created hereby between the Parties parties is solely that of seller a service provider and distributora reseller of those services. If any provision of this Agreement is deemed to create a franchise relationship between the Partiesparties, then SI may immediately terminate this Agreement unless the Parties shall negotiate in good faith to modify this Agreement so as to effect the Parties' original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as a distribution product reseller agreement and not a franchise agreement.

Appears in 1 contract

Samples: Services Reseller Agreement

No Franchise or Business Opportunity Agreement. The Parties to this Agreement are independent contractors and nothing in this Agreement shall be deemed or constructed as creating a joint venture, employment, partnership, agency relationship, business opportunity, or franchise or business opportunity between Medizone Seller and Distributor. Neither Party, by virtue of this Agreement, will have any right, power power, or authority to act or create an obligation, express or implied, on behalf of the other Party. Each Party assumes responsibility for the actions of their its personnel under this Agreement and will be solely responsible for their supervision, daily direction direction, and control, wage rates, withholding income taxes, disability benefits, or the manner and means through which the work under this Agreement will be accomplished. Except as provided otherwise in this Agreement, Distributor has the sole discretion to determine Distributor’s 's methods of operation, Distributor’s 's accounting practices, the types and amounts of insurance Distributor carries, Distributor’s 's personnel practices, Distributor’s 's advertising and promotion, Distributor’s Customers's customers, and Distributor’s 's service areas and methods. The relationship created hereby between the Parties parties is solely that of seller supplier and distributor. If any provision of this Agreement is deemed to create a franchise or business opportunity relationship between the Partiesparties, then the Parties parties shall negotiate in good faith to modify this Agreement so as to effect the Parties’ parties' original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as a distribution agreement and not a franchise or business opportunity agreement.

Appears in 1 contract

Samples: Authorized Distributor Agreement

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No Franchise or Business Opportunity Agreement. The Parties to this Agreement are independent contractors and nothing in this Agreement shall be deemed or constructed as creating a joint venture, employment, partnership, agency relationship, business opportunity, or franchise or business opportunity between Medizone Seller and Master Distributor. Neither Party, by virtue of this Agreement, will have any right, power power, or authority to act or create an obligation, express or implied, on behalf of the other Party. Each Party assumes responsibility for the actions of their its personnel under this Agreement and will be solely responsible for their supervision, daily direction direction, and control, wage rates, withholding income taxes, disability benefits, or the manner and means through which the work under this Agreement will be accomplished. Except as provided otherwise in this Agreement, Master Distributor has the sole discretion to determine Master Distributor’s methods of operation, Master Distributor’s accounting practices, the types and amounts of insurance Master Distributor carries, Master Distributor’s personnel practices, Master Distributor’s advertising marketing and promotion, Master Distributor’s Customerscustomers, and Master Distributor’s service areas and methods. The relationship created hereby between the Parties is solely that of seller supplier and distributor. If any provision of this Agreement is deemed to create a franchise or business opportunity relationship between the Parties, then the Parties shall negotiate in good faith to modify this Agreement so as to effect the Parties’ original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as a distribution agreement and not a franchise or business opportunity agreement.

Appears in 1 contract

Samples: Master Distribution Agreement (Creative Realities, Inc.)

No Franchise or Business Opportunity Agreement. The Parties to this Agreement are independent contractors and nothing in this Agreement shall be deemed or constructed as creating a joint venture, employment, partnership, agency relationship, business opportunity, or franchise or business opportunity between Medizone Seller and Master Distributor. Neither Party, by virtue of this Agreement, will have any right, power power, or authority to act or create an obligation, express or implied, on behalf of the other Party. Each Party assumes responsibility for the actions of their its personnel under this Agreement and will be solely responsible for their supervision, daily direction direction, and control, wage rates, withholding income taxes, disability benefits, or the manner and means through which the work under this Agreement will be accomplished. Except as provided otherwise in this Agreement, Master Distributor has the sole discretion to determine Master Distributor’s methods of operation, Master Distributor’s accounting practices, the types and amounts of insurance Master Distributor carries, Master Distributor’s personnel practices, Master Distributor’s advertising marketing and promotion, Master Distributor’s Customerscustomers, and Master Distributor’s service areas and methods. The relationship created hereby between the Parties parties is solely that of seller supplier and distributor. If any provision of this Agreement is deemed to create a franchise or business opportunity relationship between the Partiesparties, then the Parties parties shall negotiate in good faith to modify this Agreement so as to effect the Partiesparties’ original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as a distribution agreement and not a franchise or business opportunity agreement.

Appears in 1 contract

Samples: Distribution Agreement (Creative Realities, Inc.)

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