Common use of Relationship of the Parties; Indemnification Clause in Contracts

Relationship of the Parties; Indemnification. The parties agree that this Agreement does not create a fiduciary relationship between them, that the parties are and shall be independent contractors and that nothing in this Agreement is intended to make either party a general or special agent, legal representative, subsidiary, joint venturer, partner, employee or servant of the other for any purpose. COMPANY shall not be obligated for any damages to any person or property directly or indirectly arising out of the operation of the BUSINESS, whether caused by FRANCHISEE's negligent or willful action or failure to act. COMPANY shall have no liability for any sales, use, excise, gross receipts, income, property or other taxes, whether levied upon FRANCHISEE, the BUSINESS or its assets, or upon COMPANY, in connection with the business conducted by FRANCHISEE, or any fees, contributions or other payments made by FRANCHISEE to COMPANY. FRANCHISEE shall indemnify, defend and hold COMPANY, its subsidiaries, affiliates, stockholders, directors, officers, employees, agents, successors and assignees harmless against any liability for any claims, actual and consequential damages, taxes, attorneys' fees and costs incurred in defending any claim against any of them, directly or indirectly arising out of the operation of the BUSINESS. The indemnities and assumptions of liabilities and obligations herein shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

Relationship of the Parties; Indemnification. The parties agree that this Agreement does not create a fiduciary relationship between them, that the parties are and shall be independent contractors and that nothing in this Agreement is intended to make either party a general or special agent, legal representative, subsidiary, joint joint-venturer, partner, employee or servant of the other for any purpose. COMPANY shall not be obligated for any damages to any person or property directly or indirectly arising out of the operation of the BUSINESS, BUSINESS whether caused by FRANCHISEE's negligent or willful action or failure to act. COMPANY shall have no liability for any sales, use, excise, gross receipts, income, property or other taxes, whether levied upon FRANCHISEE, the BUSINESS or its assets, or upon COMPANY, in connection with the business conducted by FRANCHISEE, or any fees, contributions or to other payments made by FRANCHISEE to COMPANY. FRANCHISEE shall indemnify, defend and hold COMPANY, its subsidiaries, affiliates, stockholders, directors, officers, employees, agents, successors and assignees harmless against any liability for any claims, actual and consequential damages, taxes, attorneys' fees and costs incurred in defending any claim against any of them, directly or of indirectly arising out of the operation of the BUSINESS. The indemnities and assumptions of liabilities and obligations herein shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.