Relationship and Authority. Lessee and Manager shall not be construed as partners, joint venturers or as members of a joint enterprise and neither shall have the power to bind or obligate the other except as set forth in this Agreement. Nevertheless, Manager is granted such authority and power as may be reasonably necessary for it to carry out the provisions of this Agreement. This Agreement, either alone or in conjunction with any other documents, shall not be deemed to constitute a lease of any portion of the Premises. Nothing contained herein shall prohibit or restrict Manager or any affiliate of Manager from operating, owning, managing, leasing or constructing any hotel of any nature or description which may in any manner compete with that of the Premises, except as otherwise set forth in the Mutual Exclusivity Agreement; provided that Manager agrees to comply with the conflicts policies of AHP. Except as otherwise expressly provided in this Agreement, (a) all debts and liabilities to third persons incurred by Manager in the course of its operation and management of the Hotel in accordance with the provisions of this Agreement shall be the debts and liabilities of Lessee only, and (b) Manager shall not be liable for any such obligations by reason of its management, supervision, direction and operation of the Hotel as agent for Lessee. Manager may so inform third parties with whom it deals on behalf of Lessee and may take any other reasonable steps to carry out the intent of this paragraph.
Relationship and Authority. The relationship between the Principal and Consultant intended to be created by this Agreement is that of independent contractor and nothing herein contained shall be construed as creating a relationship of employer and employee or principal and agent between the parties hereto. Consultant agrees that it shall neither act nor make any representation that is authorized to act as an agent or officer of the Principal.
Relationship and Authority. 5.1 The parties agree and understand that Representative is an independent contractor and there is no employer-employee relationship, joint venture or agency created hereby. During the Term, Representative agrees that, for so long as Distributor is paying all Commissions owed to Representative under this Agreement in respect of a specific customer, Representative will not actively solicit that customer to switch to a directly competing provider of services which competes with those provided by Distributor or a Vendor to the customer in question, Distributor agrees not to circumvent Representative by soliciting or otherwise doing business with: (a) any customer or prospective customer who Distributor learned of or who Representative introduced to Distributor pursuant to this Agreement; or (b) any sub-agent of Representative who Distributor learned of or who Representative introduced to Distributor pursuant to this Agreement.
Relationship and Authority. (a) Nothing in this Deed shall constitute a partnership (being a relationship between persons carrying on a business in common with a view to profit), joint venture, principal/agent or employer/employee relationship between the Parties for any purposes. The relationship between the Parties is a relationship only for the supply of funding on the terms set out in this Deed.
(b) The Recipient does not have the Ministry’s (or the Minister’s) authority to say or do anything on behalf of the Ministry (or the Minister).
Relationship and Authority. 5.1 The parties agree and understand that Representative is an independent contractor and there is no employer-employee relationship, joint venture or agency created hereby. During the Term, Representative agrees that, for so long as Distributor is paying all Commissions owed to Representative under this Agreement in respect of a specific customer, Representative will not actively solicit that customer to switch to a directly competing provider of services which competes with those provided by Distributor or a Vendor to the customer in question, Distributor agrees not to circumvent Representative by soliciting or otherwise doing business with: (a) any customer or prospective customer who Distributor learned of or who Representative introduced to Distributor pursuant to this Agreement; or (b) any sub-agent of Representative who Distributor learned of or who Representative introduced to Distributor pursuant to this Agreement.
5.2 Representative has no authority to act for, or on behalf of, Distributor. Representative is not authorized to incur any obligation on behalf of Distributor or to bind Distributor in any manner whatsoever. Representatives will not make any representations of rate, terms or conditions of the Services that conflict with the applicable tariffs, terms of service for the Services or other information provided by Distributor. Distributor shall incur no obligation to employees, contractors, sub-agents or other parties utilized by Representative in selling Services to customers for Distributor. Such individuals shall at all times remain employees, agents, sub- agents or contractors of Representative. Representative is responsible for all expenses and obligations incurred by it as a result of its efforts to solicit customers for Distributor. Representative shall be responsible for payment of all taxes due as a result of payments made to Representative by Distributor. During the Term, neither party shall contact any person employed by the other party for the purpose of inducing the person to discontinue his or her employment with the other party.
Relationship and Authority. 2.1 Broker is engaged under this Agreement as an independent contractor. Xxxxxx is not an employee, agent or legal representative of Empire Life and nothing in this Agreement shall create the relationship of employer and employee between Broker and Empire Life.
2.2 Broker is authorized to perform those services described in the Appointment section of this Agreement.
2.3 Xxxxxx agrees that it has no authority to create any obligations or bind Empire Life in any way give any guarantee or warranty, whether expressed or implied, on behalf of Empire Life, In particular Broker has no authority to sign, waive, or alter any provision of any application, policy, contract or other document issued by or made by Empire Life, or to determine the insurability or incur any liability on behalf of Empire Life. Legal proceedings shall not be instituted or defended by Xxxxxx on behalf of Empire Life.
2.4 This Agreement shall in no way constitute a joint venture, partnership or entity of any kind, or any obligation to form such relationship or entity between Empire Life and Broker.
Relationship and Authority. The relationship between the Company and Consultant created by this Agreement is that of client and independent contractor, and nothing contained herein shall be construed as creating a relationship of employer and employee or principal and agent between them. Consultant shall neither act nor make any representation that he is authorized to act as an employee, agent or officer of the Company.
Relationship and Authority. Xxxxxxxxx and Vendor are independent contractors and nothing herein shall be construed to create the relationship of employer and employee, partners, joint venturers or principal and agent between Vendor and Xxxxxxxxx, between Vendor and the employees of Xxxxxxxxx or between Xxxxxxxxx and the employees of Vendor.
Relationship and Authority. T E
(a) The Provider is an independent contractor to MSD. Nothing in this Agreement or in any Services Agreement (including, for the avoidance of doubt, the strategic partnering approach referred to in this Agreement and any Services Agreement, and clause 3.1(c)) creates any agency, employment, fiduciary, partnership, trust, or joint venture relationship between MSD and the Provider. M P
(b) Neither MSD nor the Provider has authority to enter into contracts or incur debts on behalf of the other, and must not represent that it has any such authority. L
Relationship and Authority. The provisions of this Agreement relating to the Base Management Fee and Complex Incentive Fee payable hereunder is included solely for the purpose of providing a method whereby the said fees can be measured and ascertained. This Agreement is not intended to, and it shall not be deemed to, (i) make Eldorado and Owner joint venturers or partners of each other or (ii) except as set forth in this Agreement, including the next sentence of this Article Ten, to give Eldorado or Owner the power to bind or obligate the other. Notwithstanding any provision to the contrary, Eldorado shall have such additional authority and powers as agent of Owner as may be necessary to carry out the spirit and intent of this Agreement.
