Common use of Relationship and Scope of Authority Clause in Contracts

Relationship and Scope of Authority. Subject to the provisions and limitations set forth in this Agreement and in reliance on the promises, representations and warranties of Licensed-Only Agent, Company hereby appoints Licensed-Only Agent to act as an agent for Company, to represent Company in promoting, soliciting sales of, and selling designated products offered by and through Company. The relationship of Licensed-Only Agent and Company shall be that of an independent-contractor relationship, and nothing herein shall be construed to create the relationship of employee and employer, partners or co-venturers. Licensed-Only Agent is free to exercise its own judgment as to the time and manner for performing services required under this Agreement. Licensed-Only Agent is also free to exercise its own judgment as to the persons from whom Licensed-Only Agent will solicit applications and the time and place of solicitation, subject to compliance with applicable law. Licensed-Only Agent is authorized to solicit applications with respect to the designated insurance products offered for sale through Company, to forward those applications for processing, to collect only the initial premium payment due on such applications in cases where appropriate (e.g., non-payroll deduct cases), to deliver policies of insurance as directed by Company (if the insured(s) is/are in good health and the initial premium has been paid in cases where appropriate (e.g., nonpayroll deduct cases)) and to do any act or perform any duty specifically authorized by Company in writing. Licensed-Only Agent shall make no representations, warranties or commitments of any type to applicants as to the issuance of a policy or coverage of specific medical conditions or claims, nor will Licensed-Only Agent incur any liability or debt on behalf of Company. Licensed-Only Agent represents and warrants to Company now and at all times during the effectiveness of this Agreement that Licensed-Only Agent holds all licenses, certifications, bonds, and insurance necessary to perform services under this Agreement and on behalf of Company and that the state insurance regulatory authorities and all other appropriate governmental authorities with jurisdiction over Licensed-Only Agent have not revoked, suspended, denied renewal or otherwise imposed restrictions or limitations on Licensed-Only Agent's licenses, certifications or qualifications necessary to perform under this Agreement and on behalf of Company. Agent’s authority shall not extend beyond the limited authority as set forth in this Agreement and in conjunction with that limited authority Agent xxxxxx agrees and acknowledges that Agent has no authority to: (i) Act in any way contrary to the laws and regulations governing the business of insurance, the ethics of life and health business, including but not limited to, the Agent Code of Ethics and Procedures, and the rules and regulations of Company as described in Company manuals, rate books, and general instructions. (ii) Contract debts or obligations in the name of Company or obligate it in any way; bind or attempt to bind Company by any promise or agreement, including but not limited to, obligation to insure; incur debt, expense or liability in Company’s name; make, alter, waive or modify any of the terms or provisions of companies policies, applications or contracts, including riders and amendments; discharge any contract or waive any forfeiture; extend the time for payment of any premium or note; or waive payments in cash; or (iii) Collect any premium, except the initial premium.

Appears in 3 contracts

Samples: Licensed Only Agent Agreement, Licensed Only Agent Agreement, Licensed Only Agent Agreement

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Relationship and Scope of Authority. Subject to the provisions and limitations set forth in this Agreement and in reliance on the promises, representations and warranties of Licensed-Only Agent, Company hereby appoints Licensed-Only Agent to act as an agent for Company, to represent Company in promoting, soliciting sales of, and selling designated products offered by and through Company. The relationship of Licensed-Only Agent and Company shall be that of an independent-contractor relationship, and nothing herein shall be construed to create the relationship of employee and employer, partners or co-venturers. Licensed-Only Agent is free to exercise its own judgment as to the time and manner for performing services required under this Agreement. Licensed-Only Agent is also free to exercise its own judgment as to the persons from whom Licensed-Only Agent will solicit applications and the time and place of solicitation, subject to compliance with applicable law. Licensed-Only Agent is authorized to solicit applications with respect to the designated insurance products offered for sale through Company, to forward those applications for processing, to collect only the initial premium payment due on such applications in cases where appropriate (e.g., non-payroll deduct cases), to deliver policies of insurance as directed by Company (if the insured(s) is/are in good health and the initial premium has been paid in cases where appropriate (e.g., nonpayroll deduct cases)) and to do any act or perform any duty specifically authorized by Company in writing. Licensed-Only Agent shall make no representations, warranties or commitments of any type to applicants as to the issuance of a policy or coverage of specific medical conditions or claims, nor will Licensed-Only Agent incur any liability or debt on behalf of Company. Licensed-Only Agent represents and warrants to Company now and at all times during the effectiveness of this Agreement that Licensed-Only Agent holds all licenses, certifications, bonds, and insurance necessary to perform services under this Agreement and on behalf of Company and that the state insurance regulatory authorities and all other appropriate governmental authorities with jurisdiction over Licensed-Only Agent have not revoked, suspended, denied renewal or otherwise imposed restrictions or limitations on Licensed-Only Agent's licenses, certifications or qualifications necessary to perform under this Agreement and on behalf of Company. Agent’s authority shall not extend beyond the limited authority as set forth in this Agreement and in conjunction with that limited authority Agent xxxxxx hereby agrees and acknowledges that Agent has no authority to: (i) Act in any way contrary to the laws and regulations governing the business of insurance, the ethics of life and health business, including but not limited to, the Agent Code of Ethics and Procedures, and the rules and regulations of Company as described in Company manuals, rate books, and general instructions. (ii) Contract debts or obligations in the name of Company or obligate it in any way; bind or attempt to bind Company by any promise or agreement, including but not limited to, obligation to insure; incur debt, expense or liability in Company’s name; make, alter, waive or modify any of the terms or provisions of companies policies, applications or contracts, including riders and amendments; discharge any contract or waive any forfeiture; extend the time for payment of any premium or note; or waive payments in cash; or (iii) Collect any premium, except the initial premium.

Appears in 1 contract

Samples: Licensed Only Agent Agreement

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