Common use of Relationship of Parties: Independent Contractor Status and Responsibilities, Including Tax Responsibilities Clause in Contracts

Relationship of Parties: Independent Contractor Status and Responsibilities, Including Tax Responsibilities. In the performance of services required under this Agreement, CONTRACTOR shall be an “independent contractor”, with the authority and responsibility to control and direct the performance and details of the work and services required under this Agreement; however, RCUH shall have a general right to inspect work-in-progress to determine whether in RCUH’s opinion, the services are being performed by CONTRACTOR in accordance with the provisions of this Agreement. It is understood that RCUH does not agree to use CONTRACTOR exclusively, and that CONTRACTOR is free to contract to provide services to other individuals or entities while under contract with RCUH. CONTRACTOR, and CONTRACTOR’s employees and agents, shall not be considered agents or employees of RCUH for any purpose, and CONTRACTOR’s employees and agents shall not be entitled to claim or receive from RCUH any vacation, sick leave, retirement, workers’ compensation, unemployment insurance, or other benefits provided to RCUH employees. CONTRACTOR shall be responsible for the accuracy, completeness, and adequacy of its performance under this Agreement. Furthermore, CONTRACTOR intentionally, voluntarily, and knowingly assumes the sole and entire liability (if such liability is determined to exist) to CONTRACTOR’s employees and agents, and to any individual not a party to this Agreement, for all loss, damage, or injury caused by CONTRACTOR, or CONTRACTOR’s employees or agents in the course of their employment. CONTRACTOR shall be responsible for payment of all applicable federal, state and county taxes and fees which may become due and owing by CONTRACTOR by reason of this Agreement, including but not limited to (i) income taxes, (ii) employment related fees, assessments and taxes, and (iii) general excise taxes. CONTRACTOR is further responsible for obtaining all licenses, permits, and certificates that may be required by reason of this Agreement, including but not limited to a general excise tax license from the Department of Taxation, State of Hawaii. CONTRACTOR shall be responsible for securing any and all insurance coverage for CONTRACTOR and CONTRACTOR’s employees and agents which is, or may be, required by law. CONTRACTOR shall further be responsible for payment of all premiums, costs and other liabilities associated with securing said insurance coverage.