No Partnership or Agency Relationship. Nothing in this Agreement is intended or shall be deemed to constitute a partnership, agency, franchise or joint venture relationship between the Parties or any of their Subsidiaries. Neither Party shall have power to control the activities and operations of the other Party or its Subsidiaries, nor to bind or commit the other Party or its Subsidiaries.
No Partnership or Agency Relationship. This Agreement is on a principal-to-principal basis. Nothing contained in this Agreement shall constitute or be deemed to constitute an agency, partnership, joint venture or association of persons between the Parties hereto. Parties under this Agreement are independent contractors and shall be bound for their separate and specific responsibilities, rights, liabilities and obligations and shall be independently entitled to their respective benefits and entitlements as provided under this Agreement.
No Partnership or Agency Relationship. Nothing in this Agreement shall be construed as making Seller a partner, venturer, shareholder, member or other principal or agent of Buyer, and, except as otherwise expressly provided herein, Seller has no liability or responsibility whatsoever resulting from or arising out of Buyer’s ownership and development of, construction upon, or resale of the Property.
No Partnership or Agency Relationship. Except as for the specific and limited purposes provided for in Clause 5.10, nothing in this Agreement creates or constitutes a joint venture, partnership or agency between any of the Parties unless expressly provided. No Party will engage in any conduct or make any representation which may suggest to any person it is for any other purposes, the agent of another Party. Neither Party shall have the right, power or authority to obligate or bind the other in any manner whatsoever, except as otherwise agreed to in writing. The Parties do not contemplate a sharing of profits relating to the Agreement so as to create a separate taxable entity, nor co-ownership of a business or property so as to create a separate partnership under the law of any jurisdiction. Revenues and expenses shall be reported separately by the Parties for tax purposes. Tuatara employees will not be considered employees of ZeroNox, and vice versa, within the meaning or the applications of any federal, state or local laws or regulations including, but not limited to, laws or regulations covering unemployment insurance, old age benefits, worker's compensation, industrial accident, labor or taxes of any kind.
No Partnership or Agency Relationship. This Agreement shall not be interpreted or construed to create an association, partnership, agency, franchise, joint venture, employment or fiduciary relationship between MPLX and MWLS or any of their respective Affiliates. Except as explicitly set forth in this Agreement, neither Party shall have any right, power or authority to enter into any agreement or undertaking for, act on behalf of, act or be an agent or representative of, or otherwise bind, the other Party.
No Partnership or Agency Relationship. The relationship between COMSAT and MCI shall not be that of partners or agents of one another, and nothing contained in this Agreement shall be deemed to constitute a partnership or agency agreement between them.
No Partnership or Agency Relationship. The relationship between FCI and Customer shall not be that of partners or agents of one another, and nothing contained in this Agreement shall be deemed to constitute a partnership or agency agreement between them. Neither party shall have the authority to assume or create any obligation on behalf of, in the name of, or binding upon the other party.
No Partnership or Agency Relationship. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties hereto or to impose any partnership obligations or liability upon either party. Further, neither party (nor such party's employees, representatives, agents and subcontractors) shall have any right, power or authority to enter into any agreement or undertaking for or on behalf of, to act as or be an agent or representative of, or to otherwise bind the other party. It is covenanted and agreed that neither party shall act or make any representation to any person or persons whomsoever to the effect that such party, its agents, representatives, or subcontractors is the agent or agents of the other party.
14. The second to last sentence of the second paragraph of Exhibit B - Performance Guarantee, which appears on page B-25 of the Agreement, shall be revised to read as follows: The capacity factor calculation will exclude curtailments made in accordance with Article X by subtracting the curtailed MWHRS from the maximum possible MWHRS, and will be performed using Potential Generation (as defined in Exhibit J) as the numerator in the appropriate formula(s). To the extent that the unavailability of the Plant would, absent this provision, result in (a) the Plant failing a capacity factor test under this Exhibit B - Performance Guarantee, with the attendant reduction in the rate paid by Buyer for electricity and (b) the Seller not receiving payment for Available Generation, then Buyer may be compensated for such unavailability in an amount equal to the greater of either (a) the payments withheld to Seller pursuant to Article XXI due to said unavailable generation for such unavailability or (b) the reduction in the rate payable by Buyer for electricity pursuant to Exhibit B - Performance Guarantee, but not both. Upon performing the capacity factor tests pursuant to Exhibit B - Performance Guarantee of the Agreement, Buyer shall compare any resulting reduction in rates that Buyer is permitted to initiate as a result of Seller's failure, if any, to satisfy said capacity factor test against the amount of payments withheld from Seller during the period over which the capacity factor test was performed. If the capacity factor test rate reduction is greater than the amount of withheld payments, then Buyer may initiate a reduction in the rates payable to Seller for electricity for that period of time necessary to recover the positive difference betw...
No Partnership or Agency Relationship. Nothing contained in this Agreement must be deemed to constitute partnership between the parties and nothing contained in this Agreement must deem either party to be the agent of the other party and the Customer must not hold itself out as, engage in any conduct or make any representation which may suggest to any person that the Customer is for any purposes, the agent of the Supplier.
No Partnership or Agency Relationship. Nothing contained in this Agreement must be deemed to constitute partnership between the parties and nothing contained in this Agreement must deem either party to be the agent of the other party and the Licensee must not hold itself out as, engage in any conduct or make any representation which may suggest to any person that the Licensee is for any purposes, the agent of the Owner.