Common use of Relationship of the Parties as Independent Contractors Clause in Contracts

Relationship of the Parties as Independent Contractors. The Parties are and at all times will be and remain independent contractors as to each other, and at no time will either Party be deemed to be the agent or employee of the other. No joint venture, partnership, agency, or other relationship will be created or implied as a result of the 2014 IPLA or this Amended IPLA. Nothing in this Amended IPLA will be construed as establishing an employment, agency, partnership or joint venture relationship between Purchaser or any Purchaser Subsidiary or Alipay or any Alipay Subsidiary, on the one hand, and Alibaba, the Alipay IP/Technology Provider or any of their personnel, on the other. Alibaba and the Alipay IP/Technology Provider have no authority to bind Purchaser, Alipay or Purchaser’s Subsidiaries or Alipay’s Subsidiaries by contract or otherwise, and Purchaser and Purchaser’s Subsidiaries and Alipay and Alipay’s Subsidiaries have no authority to bind Alibaba or the Alibaba Group (including the Alipay IP/Technology Provider) by contract or otherwise. Alibaba and the Alipay IP/Technology Provider acknowledge and agree that their personnel are not eligible for or entitled to receive any compensation, benefits or other incidents of employment that Purchaser and Purchaser’s Subsidiaries or Alipay or Alipay’s Subsidiaries makes available to any employees of Purchaser or any Purchaser Subsidiaries or of Alipay or any Alipay Subsidiaries. Except as explicitly set forth herein, Alibaba and the Alipay IP/Technology Provider are solely responsible for all taxes, expenses, withholdings and other similar statutory obligations arising out of the relationship between Alibaba and the Alipay IP/Technology Provider and their personnel.

Relationship of the Parties as Independent Contractors. The Parties are and at all times will be and remain independent contractors as to each other, and at no time will either Party be deemed to be the agent or employee of the other. No joint venture, partnership, agency, or other relationship will be created or implied as a result of the 2014 IPLA or this Amended IPLA. Nothing Alibaba and the Alipay IP/Technology Provider performed the Software Technology Services as independent contractors of Alipay or Alipay’s Subsidiaries and nothing in this Amended IPLA will be construed as establishing an employment, agency, partnership or joint venture relationship between Purchaser or any Purchaser Subsidiary or Alipay or any Alipay Subsidiary, on the one hand, and Alibaba, the Alipay IP/Technology Provider or any of their personnel, on the other. Alibaba and the Alipay IP/Technology Provider have no authority to bind Purchaser, Alipay or Purchaser’s Subsidiaries or Alipay’s Subsidiaries by contract or otherwise, and Purchaser and Purchaser’s Subsidiaries and Alipay and Alipay’s Subsidiaries have no authority to bind Alibaba or the Alibaba Group (including the Alipay IP/Technology Provider) by contract or otherwise. Alibaba and the Alipay IP/Technology Provider acknowledge and agree that their personnel are not eligible for or entitled to receive any compensation, benefits or other incidents of employment that Purchaser and Purchaser’s Subsidiaries or Alipay or Alipay’s Subsidiaries makes available to any employees of Purchaser or any Purchaser Subsidiaries or of Alipay or any Alipay Subsidiaries. Except as explicitly set forth herein, Alibaba and the Alipay IP/Technology Provider are solely responsible for all taxes, expenses, withholdings and other similar statutory obligations arising out of the relationship between Alibaba and the Alipay IP/Technology Provider and their personnel and the performance of Software Technology Services by such personnel.

Relationship of the Parties as Independent Contractors. The Parties parties are and at all times will be and remain independent contractors as to each other, and at no time will either Party party be deemed to be the agent or employee of the other. No joint venture, partnership, agency, or other relationship will be created or implied as a result of this Agreement. Alibaba and the 2014 IPLA Opco IP/Technology Providers are performing the Software Technology Services as independent contractors of Opco or this Amended IPLA. Nothing Opco’s Subsidiaries and nothing in this Amended IPLA Agreement will be construed as establishing an employment, agency, partnership or joint venture relationship between Purchaser Opco or any Purchaser Subsidiary or Alipay or any Alipay Opco Subsidiary, on the one hand, and Alibaba, the Alipay an Opco IP/Technology Provider or any of their personnel, on the other. Alibaba and the Alipay Opco IP/Technology Provider Providers have no authority to bind Purchaser, Alipay Opco or Purchaser’s Subsidiaries or AlipayOpco’s Subsidiaries by contract or otherwise, and Purchaser Opco and Purchaser’s Subsidiaries and Alipay and AlipayOpco’s Subsidiaries have no authority to bind Alibaba or the Alibaba Group (including the Alipay Opco IP/Technology ProviderProviders) by contract or otherwise. Alibaba and the Alipay Opco IP/Technology Provider Providers acknowledge and agree that their personnel are not eligible for or entitled to receive any compensation, benefits or other incidents of employment that Purchaser Opco and Purchaser’s Subsidiaries or Alipay or AlipayOpco’s Subsidiaries makes available to any employees of Purchaser Opco or any Purchaser Subsidiaries or of Alipay or any Alipay Opco Subsidiaries. Except as explicitly set forth herein, Alibaba and the Alipay Opco IP/Technology Provider Providers are solely responsible for all taxes, expenses, withholdings and other similar statutory obligations arising out of the relationship between Alibaba and the Alipay Opco IP/Technology Provider Providers and their personnel and the performance of Software Technology Services by such personnel.