Common use of No Partnership or Employment Clause in Contracts

No Partnership or Employment. (1) The relationship between GCPHN and the Contractor is that of a principal and an independent Contractor. Nothing in this Agreement is intended to create a partnership as between the Contractor and GCPHN. The Contractor acknowledges that: (a) the Contractor has no authority to bind GCPHN without GCPHN’s specific consent; and (b) the Contractor enters into this Agreement as an independent contractor and retains the ultimate responsibility for the management and direction in relation to the provision and performance of the services to GCPHN. (2) The Contractor must not represent itself as being an officer, employee, partner or agent of the Commonwealth, or as otherwise able to bind or represent the Commonwealth. (3) Notwithstanding paragraph (2), the Contractor acknowledges that: (a) it may be considered a "Commonwealth Service Provider" for the purposes of the Xxxxxxxxx Xxx 0000 (Cth) and subject to investigation by the Commonwealth Ombudsman under that Act and that neither the Commonwealth nor GCPHN will be liable for the costs of any such investigation in connection with this Agreement or the services; and (b) it must comply with the Code of Conduct in section 13 of the Public Service Xxx 0000 (4) The Contractor acknowledges that: (a) its role under this Agreement is as a non-exclusive provider of services; and (b) GCPHN is in no way restricted from performing or engaging third parties to perform services similar to the Services. (5) The Contractor is solely responsible for paying its employees and agents, including but not limited to the Specified Personnel, all remuneration and benefits including salary, superannuation, annual leave, sick leave, long service leave, and any other benefits to which they may be entitled as its employees, and for otherwise complying with the legislation and industrial awards which are applicable to its employees. The Contractor must pay all taxes and duties in respect of such remuneration and benefits. (6) The obligations under this clause 21.1 survive termination or expiry of this Agreement.

No Partnership or Employment. (1) The relationship between GCPHN and the Contractor is that of a principal and an independent Contractor. Nothing in this Agreement is intended to create a partnership as between the Contractor and GCPHN. The Contractor acknowledges that: (a) the Contractor has no authority to bind GCPHN without GCPHN’s specific consent; and (b) the Contractor enters into this Agreement as an independent contractor and retains the ultimate responsibility for the management and direction in relation to the provision and performance of the services to GCPHN. (2) The Contractor must not represent itself as being an officer, employee, partner or agent of the Commonwealth, or as otherwise able to bind or represent the Commonwealth. (3) Notwithstanding paragraph (2), the Contractor acknowledges that: (a) it may be considered a "Commonwealth Service Provider" for the purposes of the Xxxxxxxxx Xxx 0000 (Cth) and subject to investigation by the Commonwealth Ombudsman under that Act and that neither the Commonwealth nor GCPHN will be liable for the costs of any such investigation in connection with this Agreement or the services; and (b) it must comply with the Code of Conduct in section 13 of the Public Service Xxx 00000000 (Cth). (4) The Contractor acknowledges that: (a) its role under this Agreement is as a non-exclusive provider of services; and (b) GCPHN is in no way restricted from performing or engaging third parties to perform services similar to the Services. (5) The Contractor is solely responsible for paying its employees and agents, including but not limited to the Specified Personnel, all remuneration and benefits including salary, superannuation, annual leave, sick leave, long service leave, and any other benefits to which they may be entitled as its employees, and for otherwise complying with the legislation and industrial awards which are applicable to its employees. The Contractor must pay all taxes and duties in respect of such remuneration and benefits. (6) The obligations under this clause 21.1 survive termination or expiry of this Agreement.