Common use of No Joint Employment Clause in Contracts

No Joint Employment. DEALER acknowledges that it has assumed obligations under this Agreement to use its best efforts to sell and service Toyota Products, to increase the future growth in Toyota Product sales through increased customer satisfaction and other obligations related to the operation of the dealership and recognizes the necessity to employ and train qualified personnel to satisfy these commitments. To this end, DEALER agrees to employ only qualified persons who will fulfill the commitments made by DEALER to DISTRIBUTOR in this Agreement. Notwithstanding the foregoing, DEALER retains the sole and exclusive right to determine whom to hire and their qualifications, to direct, control and supervise DEALER's employees, and to establish all terms and conditions of employment of DEALER's employees. All supervision, control and direction of DEALER's employees shall be the sole and exclusive responsibility of DEALER. DEALER shall at all times remain the sole employer of persons employed by DEALER and, to this end, DEALER and DISTRIBUTOR agree that no act or omission of DEALER or DISTRIBUTOR shall be construed to make or render them joint employer, co-employer or alter ego of each other.