Reimbursement of Expenses; Independent Contractor. All obligations or expenses reasonably incurred by the Consultant in the performance of its duties under this Agreement, which are performed with the prior written or oral approval of the Corporation shall be for the account of, on behalf of, and at the expense of the Corporation. Provided that no such written or oral approval shall be required for reimbursement of any individual expense that is less than $100. The Consultant shall not be obligated to make any advance to or for the account of the Corporation without assurance that the necessary funds are held in accounts maintained by the Corporation; nor shall the Consultant be obligated to incur any liability or obligation for the account of the Corporation without assurance that the necessary funds for the discharge of such liability or obligation will be provided. The Corporation shall reimburse each such expense within 15 days of submission by the Consultant to the Corporation of a properly documented expense report. The Consultant shall be an independent contractor, and nothing contained in this Agreement shall be deemed or construed (i) to create a partnership or joint venture between the Corporation and the Consultant; or (ii) to cause the Consultant to be responsible in any way for the debts, liabilities or obligations of the Corporation or any other party; or (iii) to constitute the Consultant or any of its employees as employees, officers or agents of the Corporation. The Consultant shall not hold itself out or permit itself to be regarded (to the extent practical) as an employee, officer or agent of the Corporation and shall strictly avoid any act or omission that may reasonably lead to a contractual or tortuous claim against or liability to the Corporation.
Reimbursement of Expenses; Independent Contractor. All obligations or expenses incurred by the Advisor in the performance of his duties under this Agreement shall be for the account of, on behalf of, and at the expense of the Company, and all such expenses shall be promptly reimbursed by the Company. The Advisor shall not be obligated to make any advance to or for the account of the Company or any other member of the Nation Group or to pay any sums, except out of funds held in accounts maintained by the Company or any other member of the Nation Group, nor shall the Advisor be obligated to incur any liability or obligation for the account of the Company or any other member of the Nation Group. The Company shall reimburse the Advisor by wire transfer of immediately available funds for any amount paid by the Advisor, which shall be in addition to any other amount payable to the Advisor under this Agreement. The Advisor shall be an independent contractor, and nothing in this Agreement shall be deemed or construed to (i) create a partnership or joint venture between the Company or any other member of the Nation Group and the Advisor, (ii) cause the Advisor to be responsible in any way for the debts, liabilities or obligations of the Company or any other party, or (iii) cause the Advisor to be an officer, employee or agent of the Company or any other member of the Nation Group.
Reimbursement of Expenses; Independent Contractor. All out-of-pocket expenses reasonably incurred by the Consultant in the performance of its duties under this Agreement shall be for the account of, on behalf of, and at the expense of the Company. The Consultant shall not be obligated to make any advance to or for the account of the Company or any of its subsidiaries or to pay any sums, except out of funds held in accounts maintained by the Company and the Consultant shall not be obligated to incur any liability or obligation for the account of the Company or any subsidiary without assurance that the necessary funds for the discharge of such liability or obligation will be provided. Upon submission of reasonable evidence of incurrence and purpose, the Company shall reimburse the Consultant by wire transfer of immediately available funds for any amount paid by the Consultant, which shall be in addition to any other amount payable to the Consultant under this Agreement. The Consultant shall be an independent contractor, and nothing in this Agreement shall be deemed or construed (i) to create a partnership or joint venture between the Company or any subsidiary and the Consultant, or (ii) to cause the Consultant to be responsible in any way for the debts, liabilities or obligations of the Company or any other party, or (iii) to constitute the Consultant or any of its employees as employees, officers or agents of the Company or any subsidiary.
Reimbursement of Expenses; Independent Contractor. All obligations or expenses incurred by the Manager in the performance of its duties under this Agreement shall be for the account of, on behalf of, and at the expense of the Company and/or its subsidiaries, as the case may be. The Manager shall not be obligated to make any advance to or for the account of the Company (or any subsidiary) or to pay any sums, except out of funds held in accounts maintained by the Company (or a subsidiary) nor shall the Manager be obligated to incur any liability or obligation for the account of the Company or any subsidiary without assurance that the necessary funds for the discharge of such liability or obligation will be provided. The Manager shall be an independent contractor, and nothing contained in this Agreement shall be deemed or construed (i) to create a partnership or joint venture between the Company and/or any subsidiary of the Company and the Manager, or (ii) to cause the Manager to be responsible in any way for the debts, liabilities or obligations of the Company or any of its subsidiaries, or any other party, or (iii) to constitute the Manager or any of its employees as employees, officers, or agents of the Company or any of its subsidiaries.
Reimbursement of Expenses; Independent Contractor. All obligations or expenses incurred by Trivest in the performance of its duties under this Agreement shall be for the account of, on behalf of, and at the expense of the Company. Trivest shall not be obligated to make any advance to or for the account of the Company or to pay any sums, except out of funds held in accounts maintained by the Company nor shall Trivest be obligated to incur any liability or obligation for the account of the Company without assurance that the necessary funds for the discharge of such liability or obligation will be provided. In the event the Company utilizes the services of Trivest's legal department, then the Company shall promptly reimburse Trivest for such expenses at prevailing rates. Trivest shall be an independent contractor, and nothing obtained in this Agreement shall be deemed or construed (i) to create a partnership or joint venture between the Company and Trivest, or (ii) to cause Trivest to be responsible in any way for the debts, liabilities or obligations of the Company or any other party, or (iii) to constitute Trivest or any of its employees as employees, officers or agents of the Company.
Reimbursement of Expenses; Independent Contractor. The Consultant shall not, without the written consent of the CEO or the President, (i) make any advance to or for the account of the Companies, (ii) pay any sums held in accounts maintained by the Companies, or (iii) incur any liability or obligation for the account of the Companies. The Consultant shall be an independent contractor, and nothing obtaining in this Agreement shall be deemed or construed (i) to create a partnership or joint venture between the Companies and the Consultant, (ii) to cause the Consultant to be responsible in any way for the debts, liabilities or obligations of the Companies or any other party, or (iii) to constitute the Consultant or any of its employees as employees, officers or agents of either of the Companies.
Reimbursement of Expenses; Independent Contractor. The Consultant shall not be obligated to make any advance to or for the account of the Company or to pay any sums, except out of funds held in accounts maintained by the Company nor shall the Consultant be obligated to incur any liability or obligation for the account of the Company without assurance that the necessary funds for the discharge of such liability or obligation will be provided. The Consultant shall be an independent contractor, and nothing obtaining in this Agreement shall be deemed or construed (i) to create a partnership or joint venture between the Company and the Consultant, or (ii) to cause the Consultant to be responsible in any way for the debts, liabilities or obligations of the Company or any other party, or (iii) to constitute the Consultant or any of its employees as employees, officers or agents of the Company.
Reimbursement of Expenses; Independent Contractor. The Company agrees to provide appropriate office space to the Consultant at a location in South Florida chosen by the Company. All expenses incurred by the Consultant in the performance of its duties under and during the term of this Agreement shall be for the account of, on behalf of, and at the expense of, the Company only if approved in writing by the Company prior to the time that the expenses are incurred. The Consultant shall not be obligated to make any advances to or for the account of the Company or to pay any sums nor shall the Consultant be obligated to incur any liability or obligation for the account of the Company. The Consultant shall be an independent contractor, and nothing contained in this Agreement shall be deemed or construed to (i) create a partnership or joint venture between the Company or any of its Affiliates and the Consultant or any of his Affiliates, or (ii) constitute the Consultant as an employee, officer or agent of the Company or any other entity. The Consultant agrees to file all tax returns and pay all taxes arising out of his payments pursuant to this Agreement and to indemnify the Company for any failure on his part to do so.
Reimbursement of Expenses; Independent Contractor. All obligations or expenses incurred by H.I.G. in the performance of its duties under this Agreement will be for the account of, on behalf of, and at the expense of the Company. H.I.G. will not be obligated to make any advance to, or for the account of, the Company or to pay any sums, except out of funds held in accounts maintained by the Company, nor will H.I.G. be obligated to incur any liability or obligation for the account of the Company without assurance that the necessary funds for the discharge of the liability or obligation will be provided. H.I.G. will be an independent contractor, and nothing contained in this Agreement will be deemed or construed (a) to create a partnership or joint venture between the Company and H.I.G., (b) to cause H.I.G. to be responsible in any way for the debts, liabilities or obligations of the Company, any of its subsidiaries or any other party or (c) to constitute H.I.G. or any of its employees as employees, officers, or agents of the Company or any of its subsidiaries.
Reimbursement of Expenses; Independent Contractor. All obligations or expenses incurred by the Manager for the account of, on behalf of, and at the expense of the Company shall be paid out of the revenues and other funds of the Company. The Manager shall not require the approval of the Board of the Company to incur obligations or expenses on behalf of the Company unless such obligations or expenses exceed by more than 10% the projected obligations and expenses for any given line item in the Annual Strategic Business Plan and Budget. The Manager shall not be reimbursed for expenses related to the provision of the Management Services (such as, but not limited to, office rental, overhead and sales and administration expenses) but is entitled to incur necessary expenses on behalf of the Company (such as, but not limited to, the hiring of consultants and other independent contractors). It is understood that the Company will not pay for shipping expenses. All deliveries shall be FOB the Company's facilities or charged to customers separately from the amount charged for the products, unless otherwise agreed by the parties. The Manager will not be obligated to make any advance to or for the account of the Company or to pay any sums or expenses of the Company, except out of funds held in accounts maintained by the Company, nor will the Manager be obligated to incur any liability or obligation for the account of the Company without assurance that the necessary funds for the discharge of the liability or obligation will be provided. The Manager will be an independent contractor, and nothing contained in this Agreement will be deemed or construed (a) to create a partnership or joint venture between the Company and the Manager, (b) to cause the Manager to be responsible in any way for the debts, liabilities or obligations of the Company, any of its subsidiaries or any other party, or (c) to constitute the Manager or any of its employees as employees, officers, or agents of the Company or any of its subsidiaries. These provisions are separate from and unrelated to those obligations of Manager, or any of its affiliates or related persons, in their capacity as stockholders of the Company.
