Relationship of the Parties. The Parties are independent contractors and this Agreement shall not establish any relationship of partnership, joint venture, employment, franchise, or agency between the Parties. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.
Appears in 14 contracts
Samples: Student Refund Management Services Agreement, Student Refund Management Services Agreement, Student Refund Management Services Agreement
Relationship of the Parties. The Parties parties are independent contractors as to each other, and this Agreement shall not establish any relationship of partnership, joint venture, employment, franchise, neither party will have power or agency between the Parties. Neither Party shall have the power authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation or responsibility on behalf of the other. This Agreement will not be construed to create or imply any partnership, agency, or joint venture.
Appears in 13 contracts
Samples: Smarsh Services Addendum, Smarsh Services Agreement, Smarsh Services Agreement
Relationship of the Parties. The Parties parties are independent contractors and of each other. Nothing in this Agreement shall not establish any relationship of be construed to create a fiduciary relationship, partnership, employer/employee joint venture, employment, franchise, agency or agency other similar relationship between the Partiesparties. Neither Party party shall have the power right to bind exercise control or direction over the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner business of the other nor shall it assume or purport to create any obligation on behalf of the otherparty.
Appears in 12 contracts
Samples: Participation Agreement, Participation Agreement, Participation Agreement
Relationship of the Parties. The Parties parties are independent contractors and contractors. Nothing in this Agreement shall not establish any relationship of be construed to create a partnership, joint venture, employment, franchise, venture or agency between the Partiesrelationship. Neither Party party shall have the power any right or authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation of any kind expressed or implied in the name of or on behalf of the otherother party.
Appears in 12 contracts
Samples: Subscription License Agreement, Subscription Service Agreement, Rental Agreement
Relationship of the Parties. The Parties agree that in performing their responsibilities pursuant to this Agreement, they are in the position of independent contractors contractors, and this Agreement shall not establish create any relationship of partnership, joint venture, employment, franchise, venture or agency other similar arrangement between the Parties. Neither Party shall have the power to bind the other Parties or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner any of the other nor shall it assume or purport to create any obligation on behalf of the othertheir respective Subsidiaries.
Appears in 11 contracts
Samples: Expense Reimbursement Agreement, Transitional Services Agreement (First Hawaiian, Inc.), Transitional Services Agreement (First Hawaiian, Inc.)
Relationship of the Parties. The Parties parties to this Agreement are independent contractors and this Agreement shall not establish any relationship of partnership, joint venture, employment, franchise, or agency between the Partiescontractors. Neither Party party shall have the power right or authority or shall hold itself out to have the right or authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agentparty, employee, legal representative, joint venturer, or partner of the other nor shall it assume either party be responsible for the acts or purport to create any obligation on behalf omissions of the other.
Appears in 11 contracts
Samples: Terms and Conditions, Master Services Agreement, License and Services Agreement
Relationship of the Parties. The Parties are In the performance of this Agreement, the Parties, and their officers, agents and employees, shall act as independent contractors and contractors. Nothing in this Agreement shall not establish any relationship of partnershipcreate, or be construed to be, a joint venture, employmentassociation, franchisepartnership, franchise or agency between other form of business relationship. At no time will the Partiesemployees, agents or assigns of one Party be considered the employees of the other Party for any purpose, including but not limited to workers’ compensation purposes. Neither Party shall will have the power right to obligate or bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create in any obligation on behalf of the othermanner whatsoever.
Appears in 9 contracts
Samples: Cooperative Agreement, Destination College Advising Corps Agreement, Cooperative Agreement
Relationship of the Parties. This Agreement shall not be deemed to create any partnership, agency, joint venture or trust, or to authorize any Party to act as agent, servant or employee of the other. The Parties are independent contractors and this Agreement shall not establish any relationship of partnership, joint venture, employment, franchise, or agency between the Partiescontractors. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior its express written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.
Appears in 9 contracts
Samples: I&r Agreement, I&r Agreement, I&r Agreement
Relationship of the Parties. The It is agreed that the Parties are shall be independent contractors and this Agreement that the relationship between the Parties shall not establish any relationship of constitute a partnership, joint venture, employment, franchise, or agency between the Partiesagency. Neither Party shall have the power authority to bind make any statements, representations, or commitments of any kind, or to take any action, which shall be binding on the other or incur obligations on the other’s behalf Party, without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner consent of the such other nor shall it assume or purport to create any obligation on behalf of the otherParty.
Appears in 8 contracts
Samples: Purchase Agreement, MBS Service Agreement, It Service Agreement
Relationship of the Parties. The Parties are independent contractors agree and understand that this Agreement shall not establish any relationship of partnership, constitute or create a joint venture, employment, franchise, partnership or agency legal entity of any kind or any other similar arrangement between the Parties. Neither Party Each of the Parties shall act hereunder only as independent contractors to one another, on an individual and several basis, and shall not be authorized to act as agent or representative of the other Party, nor have the power or authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consentParty for any purpose. Neither No Party shall represent itself as an agent, employee, legal representative, joint venturerso bind the other Party, or partner of represent to anyone that it has the authority to bind such other nor shall it assume Party, or purport to create make any obligation other representation about or on behalf of the othersuch other Party.
Appears in 6 contracts
Samples: Project Agreement (MMEX Resources Corp), Master Project Development Agreement, Master Project Development Agreement (Fulcrum Bioenergy Inc)
Relationship of the Parties. The Parties parties are independent contractors and of each other. Nothing in this Agreement shall not establish any relationship of partnershipbe construed to create an employer/employee, joint venture, employment, franchise, or agency other similar relationship between the Partiesparties. Neither Party party shall have the power right to bind exercise control or direction over the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner business of the other nor shall it assume or purport to create any obligation on behalf of the otherparty.
Appears in 5 contracts
Samples: Business Associate Agreement, Business Associate and Data Use Agreement, Business Associate and Data Use Agreement
Relationship of the Parties. The Parties are independent contractors and Nothing in this Agreement shall not establish any relationship of will be construed to create a partnership, joint venture, employment, franchise, venture or agency relationship between the Parties. Neither The Parties agree that each is an independent contractor and neither Party shall will have the power to bind the other or to incur obligations on the other’s behalf without the othersuch other Party’s prior written consent. Neither Nothing in this Agreement shall be construed as an obligation by either Party to enter into a contract, subcontract, or other business relationship with the other Party. Each Party shall represent itself as an agent, employee, legal representative, joint venturer, bear all costs and expenses incurred by it under or partner of the other nor shall it assume or purport to create any obligation on behalf of the otherin connection with this Agreement.
Appears in 5 contracts
Samples: Camunda Platform Saas Trial and Free Tier Edition Terms, Terms and Conditions, Camunda 7 Trial Terms
Relationship of the Parties. The Parties are independent contractors and Notwithstanding any provision hereof, for all purposes of this Agreement each party shall not establish any relationship of partnership, joint venture, employment, franchise, or agency between the Parties. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself be and act as an agent, employee, legal representativeindependent contractor and not as partner, joint venturer, or partner agent of the other and shall not bind nor shall it assume or purport attempt to create bind the other to any obligation on behalf of the othercontract.
Appears in 5 contracts
Samples: License and Marketing Agreement (Advanced Fibre Communications Inc), Software Development Agreement (Anda Networks Inc), Development and License Agreement (Kinzan Com)
Relationship of the Parties. The Parties are independent contractors and this contractors. This Agreement shall does not establish any relationship of create a partnership, franchise, joint venture, employmentagency, franchise, fiduciary or agency employment relationship between the Parties. Neither Party shall will have the power to bind the other or incur obligations on the otherother Party’s behalf without the otherother Party’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.
Appears in 5 contracts
Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement
Relationship of the Parties. The Parties are independent contractors and In all matters relating to this Agreement shall not establish any Agreement, the relationship of partnership, joint venture, employment, franchise, or agency between the PartiesParties shall be that of independent contractors. Neither Party shall have the power will represent that it has any authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation obligation, express or implied, on behalf of the otherother Party. Nothing in this Agreement shall be construed as constituting the Parties as partners or joint venturers, or as creating the relationship of employer and employee, principal and agent, or master and servant.
Appears in 4 contracts
Samples: End User Support Agreement, End User Support Agreement, End User Support Agreement
Relationship of the Parties. The Parties are Notwithstanding any provision hereof, for all purposes of this Agreement, each party shall be and act as an independent contractors contractor and this Agreement not as a partner, joint venturer or agent of the other party and shall not establish any relationship of partnership, joint venture, employment, franchise, or agency between the Parties. Neither Party shall have the power bind nor attempt to bind the other party to any contract or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the otheragreement.
Appears in 4 contracts
Samples: License and Manufacturing Agreement (Paradigm Medical Industries Inc), License and Manufacturing Agreement (Paradigm Medical Industries Inc), Design, Engineering and Manufacturing Agreement (Paradigm Medical Industries Inc)
Relationship of the Parties. The Parties parties are independent contractors and this Agreement shall will not establish any relationship of partnership, joint venture, employment, franchise, franchise or agency between the Parties. Neither Party shall will have the power to bind the other Party or to incur any obligations on the other’s behalf its behalf, without the otherother Party’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.
Appears in 4 contracts
Samples: Assignment Agreement (5Barz International, Inc.), Master Global Marketing and Distribution Agreement (CelLynx Group, Inc.), Master Global Marketing and Distribution Agreement (CelLynx Group, Inc.)
Relationship of the Parties. The Parties are independent contractors and contracting entities. Nothing in this Agreement shall not establish any relationship of be construed to create a partnership, joint venture, employment, franchiseagency relationship, or agency between joint venture among the Parties. Neither No Party shall have the power any authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation make commitments on behalf of the otherother Party for any purpose, nor shall any such Party hold itself out as having such authority. No Party shall be held liable for the acts or omissions of another Party.
Appears in 4 contracts
Samples: Participation Agreement, Participation Agreement, Participation Agreement
Relationship of the Parties. The Parties parties to this Agreement are independent contractors and this Agreement shall will not establish any relationship of partnershipbe considered agents, employees, servants, joint venture, employment, franchiseventurers, or agency between the Partiespartners of one another. Neither Party shall have party has the power authority to bind the other party except as explicitly set forth in this Agreement, and neither party will make any representation or incur obligations on the otherwarranty otherwise. Industrious will have no responsibility for any fee or expense incurred by Member in connection with either party’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturerperformance this Agreement, or partner provision or use of the other nor shall it assume or purport to create any obligation on behalf of the otherServices.
Appears in 4 contracts
Samples: Membership Agreement (Adicet Bio, Inc.), Membership Agreement, Membership Agreement (Ascend Wellness Holdings, LLC)
Relationship of the Parties. The In performing this Agreement, each of the Parties are will operate as, and have the status of, an independent contractors and contractor. Except as may be expressly set forth in this Agreement, neither Party will have the right or authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other Party, whether express or implied, or to bind the other Party in any respect whatsoever. Nothing in this Agreement shall not establish be construed as forming any relationship of partnership, joint venture, agency, employment, franchise, distributorship, dealership or agency other similar or special relationship between the Parties. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.
Appears in 4 contracts
Samples: Settlement and Patent License Agreement, Settlement and Patent License Agreement (Vonage Holdings Corp), License Agreement (Royal Capital Management Inc)
Relationship of the Parties. The relationship of the Parties are shall be one of independent contractors and only. Nothing in this Agreement shall not establish be deemed to create any relationship of partnership, joint venture, employmentpartnership, franchise, master-servant or agency principal-agent relationship between the PartiesSupplier and Customer. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation or responsibility to act on behalf of the other, or the power or authority to bind the other in any manner whatsoever.
Appears in 4 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
Relationship of the Parties. The At all times during the term of this Agreement, the Parties are shall be considered independent contractors and this Agreement not employees of each other, and nothing herein shall not establish any be deemed to create a joint venture or principal-agent relationship of partnership, joint venture, employment, franchise, or agency between the Parties. Neither Party is authorized to, nor shall have either Party act toward third persons or the power to bind public in any manner that would indicate anything other than an independent contractor relationship with the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the otherParty.
Appears in 4 contracts
Samples: Franchise Agreement, Virtual Learning Lab Agreement, Blended Learning Community Agreement
Relationship of the Parties. The Parties are parties agree and acknowledge that the relationship of the parties is in the nature of an independent contractors and this contractor. This Agreement shall not establish any relationship of partnershipbe deemed to create a partnership or joint venture and neither party is the other’s agent, joint venturepartner, employment, franchiseemployee, or agency between the Partiesrepresentative. Neither Party party shall have the power right to obligate or bind the other party in any manner whatsoever, and nothing herein shall give or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner is intended to give any rights of the other nor shall it assume or purport any kind to create any obligation on behalf of the otherthird persons.
Appears in 4 contracts
Samples: Software License Agreement, Software License Agreement, Software License Agreement
Relationship of the Parties. The Parties are independent contractors and Each Party to this Agreement shall not establish be deemed to be an independent contractor of the other Party. Nothing contained herein or in any relationship of other writing shall imply any partnership, joint venture, employment, franchise, or agency relationship between the Parties. Neither Parties and neither Party shall have the power to obligate or bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create in any obligation on behalf of the othermanner whatsoever.
Appears in 4 contracts
Samples: Master License Agreement, Master License and Professional Services Agreement, Master License and Professional Services Agreement
Relationship of the Parties. The Parties parties are independent contractors and contracting entities. Nothing in this Agreement shall not establish any relationship of be construed to create a partnership, joint venture, employment, franchiseagency relationship, or agency between joint venture among the Partiesparties. Neither Party No party hereto shall have the power any authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation make commitments on behalf of one another, nor shall any such party hold itself out as having such authority. No party to this Agreement shall be held liable for the otheracts or omissions of another party hereto.
Appears in 4 contracts
Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement
Relationship of the Parties. The In the exercise of their respective rights, and the performance of their respective obligations hereunder, the Parties are and will remain independent contractors and contractors. Nothing in this Agreement shall not establish any relationship of partnership, joint venture, employment, franchisewill be construed to constitute the Parties as partners, or agency between the Partiesprincipal and agent for any purpose whatsoever. Neither Party shall have the power will bind, or attempt to bind bind, the other Party to any contract or incur obligations on the other’s behalf without the other’s prior written consent. Neither other obligation, and neither Party shall will represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall to any third party that it assume or purport is authorized to create any obligation act on behalf of the otherother Party.
Appears in 4 contracts
Samples: Patent Cross License Agreement, Patent Cross License Agreement (Asml Holding Nv), Sublicense Agreement (Asml Holding Nv)
Relationship of the Parties. The Parties are independent contractors and this This Agreement shall does not establish any relationship of partnership, create a joint venture, employment, franchisepartnership, or agency the like, between the Parties. Neither The Parties shall always remain independent contractors in its performance of this Agreement. No Party to this Agreement shall have the power any authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself employ any person as an agent, employee, legal representative, joint venturer, employee or partner of the other nor shall it assume agent for or purport to create any obligation on behalf of the otherother party to this Agreement for any purpose, and no Party to this Agreement, nor any person performing any duties or engaging in any work at the request of such Party, shall be deemed to be an employee or agent of the other Party to this Agreement.
Appears in 3 contracts
Samples: Technology Licensing Agreement, Technology Licensing Agreement (Pfenex Inc.), Technology Licensing Agreement (Pfenex Inc.)
Relationship of the Parties. The Parties are independent contractors and this This Agreement shall does not establish create any relationship of partnership, partnership or joint venture, employment, franchise, or agency venture between the Parties. Neither Company shall be an independent contractor pursuant to this Agreement. Except as expressly set forth in this Agreement, neither Party shall have any express or implied right or authority to assume or create any obligations on behalf of or in the power name of the other Party or to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agentto any contract, employee, legal representative, joint ventureragreement, or partner of the other nor shall it assume or purport to create undertaking with any obligation on behalf of the otherthird party.
Appears in 3 contracts
Samples: Cultivation and Sales Agreement (MJ Holdings, Inc.), Cultivation and Sales Agreement (MJ Holdings, Inc.), Cultivation and Sales Agreement (MJ Holdings, Inc.)
Relationship of the Parties. The Parties parties are independent contractors and this contractors. This Agreement shall does not establish any relationship of create a partnership, franchise, joint venture, employmentagency, franchise, fiduciary or agency employment relationship between the Parties. parties.Neither Party party shall have the power to bind the other or incur obligations on the other’s other party's behalf without the other’s prior other party's written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.
Appears in 3 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement, Master Subscription Agreement
Relationship of the Parties. This Agreement shall not create or establish an agency, partnership, or joint venture between the Parties and the Parties jointly and severally disclaim any such relationship. The Parties are acting solely as independent contractors and this Agreement shall not establish neither Party owes any relationship of partnershipfiduciary, joint venturespecial, employment, franchiseimplied, or agency between the Parties. Neither Party shall have the power other duty to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the otherParty.
Appears in 3 contracts
Samples: Subscription Agreement, Terms and Conditions, Order Form
Relationship of the Parties. The Parties are independent contractors and shall at all times during the term of this Agreement shall not establish any relationship of partnershipact as, joint venture, employment, franchise, or agency between the Parties. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party and shall represent itself as themselves to be, independent contractors, and not an agent, employee, legal representativepartner, joint venturer, or partner employee of the other nor shall it assume Party. Neither Party will have the right to enter into any contracts or purport to create any obligation on behalf binding commitments in the name of the otherother Party or on such other Party’s behalf.
Appears in 3 contracts
Samples: Oem Software License Agreement (Motive Inc), Oem Software License Agreement (Motive Inc), Oem Software License Agreement (Motive Inc)
Relationship of the Parties. The Parties are will be considered independent contractors and contracting entities. Nothing in this Agreement shall not establish any relationship of will be construed to create a partnership, joint venture, employment, franchiseagency relationship, or agency between joint venture among the Parties. Neither Party shall will have the power any authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation make commitments on behalf of the otherother Party for any purpose, nor will it hold itself out as having such authority.
Appears in 3 contracts
Samples: Healthix Participation Agreement, Healthix Participation Agreement, Flat File Directory Participation Agreement
Relationship of the Parties. The Parties parties are independent contractors and under this Agreement shall not establish any and no other relationship of is intended, including a partnership, franchise, joint venture, employmentagency, franchiseVodafone-employee, or agency between the Partiesmaster/servant relationship. Neither Party party shall have the power to act in a manner that expresses or implies a relationship other than that of independent contractor, or bind the other or incur obligations on the other’s behalf without the other’s prior written consentparty. Neither Party The parties shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport act in good faith at all times to create any obligation on behalf of the each other.
Appears in 3 contracts
Samples: Secondment Agreement, Secondment Agreement (Cellco Partnership), Secondment Agreement (Verizon Wireless Capital LLC)
Relationship of the Parties. The Parties are parties shall perform their obligations under this Agreement as independent contractors and nothing in this Agreement shall not establish any relationship of is intended or will be deemed to constitute a partnership, joint ventureagency or employer-employee relationship between the parties. Neither party will have any right, employmentpower or authority to assume, franchisecreate, or agency between the Parties. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agentany expense, employee, legal representative, joint venturerliability, or partner of the other nor shall it assume obligation, express or purport to create any obligation implied, on behalf of the other.
Appears in 3 contracts
Samples: Non Exclusive Sublicense Agreement (Dyadic International Inc), Non Exclusive Sublicense Agreement (Dyadic International Inc), Supply Agreement (Nevro Corp)
Relationship of the Parties. The Parties parties to this Agreement and their employees are independent contractors and this Agreement shall are not establish any relationship agents of partnershipeach other, joint ventureventurers, employment, franchise, partners or agency between the Partiesjoint parties to a formal business organization of any kind. Neither Party shall have the power party is authorized or empowered to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation act on behalf of the other with regard to any contract, warranty or representation as to any matter, and neither party will be bound by the acts or conduct of the other. Each party will maintain sole and exclusive control over its own personnel and operations.
Appears in 3 contracts
Samples: Cooperative Research and Development Agreement (Crada), Cooperative Research and Development Agreement (Markland Technologies Inc), Cooperative Research and Development Agreement (Eurotech LTD)
Relationship of the Parties. The Parties parties are independent contractors and this Agreement shall will not establish any relationship of partnership, joint venture, employment, franchise, franchise or agency between the Partiesparties. Neither Party shall party will have the power to bind the other party or to incur any obligations on the other’s behalf its behalf, without the otherother party’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.
Appears in 3 contracts
Samples: Nextwave Partner Program Master Agreement, Authorized Support Center Agreement, Authorized Support Center Agreement
Relationship of the Parties. The Parties parties are independent contractors with respect to each other. This Agreement does not constitute and this Agreement shall not establish any relationship of partnership, be construed as constituting a partnership or joint venture, employment, franchiseventure among the parties hereto, or agency between the Partiesan employee-employer relationship. Neither Party No party shall have the power any right to obligate or bind the any other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party party in any manner whatsoever, and nothing herein contained shall represent itself as an agent, employee, legal representative, joint venturergive, or partner is intended to give, any rights of the other nor shall it assume or purport any kind to create any obligation on behalf of the otherthird parties.
Appears in 3 contracts
Samples: Terms and Conditions, Marketplace for Premier Publishers Agreement (Zedge, Inc.), Audiogo Terms and Conditions
Relationship of the Parties. The Parties are parties’ relationship is strictly that of independent contractors and this Agreement shall do not establish any relationship of create a partnership, franchise, joint venture, employmentagency, franchisefiduciary, or agency employment relationship between the Partiesparties. Neither Party shall have party has the power to bind the other other, make any warranties or incur representations, or incur, assume or create obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, consent and each party agrees that it will not perform any act or partner of omission to the other nor shall it assume or purport to create any obligation on behalf of the othercontrary.
Appears in 2 contracts
Samples: Software as a Service Agreement, Software as a Service Agreement
Relationship of the Parties. The Parties parties are independent contractors and under this Agreement shall and the parties do not establish intend to create any relationship of partnership, franchise, joint venture, employmentagency, franchiseemployer/employee, fiduciary, master/servant relationship, or agency between the Partiesother special relationship. Neither Party party shall have the power to act in a manner that expresses or implies a relationship other than that of independent contractor, nor bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the otherparty.
Appears in 2 contracts
Samples: Intellectual Property License and Supply Agreement, Intellectual Property License and Supply Agreement (Authentidate Holding Corp)
Relationship of the Parties. The Parties parties are independent contractors contractors, and nothing in this Agreement shall not establish any relationship of be deemed or construed to create, or have been intended to create a partnership, joint venture, employment, franchise, employment or agency relationship between the Partiesparties. Neither Party shall have Each party agrees that it neither has nor will give the power appearance or impression of possessing the legal authority to bind the or commit any other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself party in any way except as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the otherprovided is this Agreement.
Appears in 2 contracts
Samples: License Agreement, License Agreement (First Look Studios Inc)
Relationship of the Parties. The Parties parties are independent contractors and of each other. Nothing in this Agreement shall not establish any relationship of be construed to create a fiduciary relationship, partnership, employer/employee, joint venture, employment, franchise, agency or agency other similar relationship between the Partiesparties. Neither Party party shall have the power right to bind exercise control or direction over the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner business of the other nor shall it assume or purport to create any obligation on behalf of the otherparty.
Appears in 2 contracts
Samples: Participation and Data Use Agreement, Registry Participation Agreement
Relationship of the Parties. The Parties are independent contractors and this Agreement shall not establish will have no right to assume or create any relationship obligation or responsibility on behalf of partnership, joint venture, employment, franchise, or agency between the Partiesother Party. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent hold itself out as an agent, employee, legal representative, joint venturer, or partner agent of the other nor shall it assume or purport Party. This Agreement will not be construed to create or imply any obligation on behalf partnership, agency, joint venture or formal business entity of the otherany kind.
Appears in 2 contracts
Samples: End User License Agreement (Eula), Master Cooperation and Publishing Agreement (The9 LTD)
Relationship of the Parties. The Parties parties are independent contractors contractors, and this Agreement shall not establish any relationship of partnershipbe interpreted as creating an association, joint venture, or partnership relationship between the parties or as imposing any employment, franchise, or agency between the Parties. partnership obligation or liability on either party: Neither Party party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport authority to create or assume any obligation obligation, express or implied, on behalf of the otherother party.
Appears in 2 contracts
Samples: Scientific Advisory Board Agreement (Caribou Biosciences, Inc.), Scientific Advisory Board Agreement (Caribou Biosciences, Inc.)
Relationship of the Parties. The Parties to this Agreement and their employees are independent contractors entities and this Agreement shall are not establish any relationship agents of partnershipeach other, joint venture, employment, franchiseventurers, or agency between the Partiespartners to any business organization. Neither Party shall have the power is authorized or empowered to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation act on behalf of the other with regard to any contract, warranty or representation as to any matter, and neither Party will be bound by the acts or conduct of the other. Each Party will maintain sole and exclusive control over its own personnel and operations.
Appears in 2 contracts
Samples: Test Agreement, Test Agreement
Relationship of the Parties. The It is expressly agreed that the relationship among the Parties are independent contractors and this Agreement shall not establish any relationship of constitute a partnership, joint venture, employment, franchise, or agency between the Partiesagency. Neither The Parties are independent contractors. No Party shall have the power authority to bind the make any statements, representations, or commitments of any kind, or to take any action, which shall be binding on any other or incur obligations on the other’s behalf Party, without the other’s prior written consent. Neither consent of such other Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the otherdo so.
Appears in 2 contracts
Samples: Share Purchase Agreement (Xenetic Biosciences, Inc.), Share Purchase Agreement (Xenetic Biosciences, Inc.)
Relationship of the Parties. The Parties parties are independent contractors and nothing in this Agreement shall not establish any relationship of partnershipconstitute them partners, joint ventureventurers, employmentco-owners, franchise, an association of entities or agency between the Parties. Neither Party shall have the power agents; neither party is authorised to bind the other make any statements or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation representations on behalf of the other.other party or in any way to commit the other party to any obligation except as expressly authorised hereunder or in writing by the other party
Appears in 2 contracts
Samples: Supply Agreement (Raindance Technologies Inc), Supply Agreement (Raindance Technologies Inc)
Relationship of the Parties. The Parties are intend to create an independent contractors contractor relationship and nothing contained in this Agreement shall not establish any relationship of partnershipbe construed to make either Party a partner, joint ventureventurer, employmentprincipal, franchise, agent or agency between employee of the Partiesother Party. Neither Party shall have the any right, power or authority, express or implied, to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.
Appears in 2 contracts
Samples: Collaboration and License Agreement (Relay Therapeutics, Inc.), Collaboration and License Agreement (Relay Therapeutics, Inc.)
Relationship of the Parties. The Parties to this Agreement are independent contractors and this Agreement shall not establish any contractors. There is no relationship of agency, partnership, joint venture, employment, franchise, employment or agency franchise between the Parties. Neither Party shall have nor its employees has the power authority to bind or commit the other Party in any way or to incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf its behalf. This Agreement is for the benefit of the otherParties hereto, and is not intended to confer upon any other person or entity any rights or remedies hereunder.
Appears in 2 contracts
Samples: Confidentiality Agreement, Service Agreement
Relationship of the Parties. The Parties are independent contractors contractors, and this Agreement shall not establish any relationship at no time will either Party be deemed to be the agent or employee of partnership, the other Party. No joint venture, employmentpartnership, franchiseagency, or agency other relationship will be created or implied between the PartiesParties as a result of this Agreement. Neither Except as expressly set forth in this Agreement, each Party shall will bear full and sole responsibility for its own expenses and costs of operation. Furthermore, neither Party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agentauthority to, employeeand will not purport to, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create enter into any obligation contract on behalf of the otherother Party, or commit it to any obligation. 8.
Appears in 2 contracts
Samples: Master Services Agreement, Master Services Agreement
Relationship of the Parties. The Parties parties are independent contractors with respect to each other. This Agreement does not constitute and this Agreement shall not establish any relationship of partnership, be construed as constituting a partnership or joint venture, employment, franchiseventure among the parties hereto, or agency between the Partiesan employee-employer relationship. Neither Party No party shall have the power any right to obligate or bind the any other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create party in any obligation on behalf of the othermanner whatsoever.
Appears in 2 contracts
Samples: Master Services Agreement, Citygrows Platform Subscription Agreement
Relationship of the Parties. The Parties parties are independent contractors and this contractors. This Agreement shall does not establish any relationship of create a partnership, franchise, joint venture, employmentagency, franchise, fiduciary or agency employment relationship between the Parties. Neither Party shall have the power right to obligate or bind the other Party in any manner whatsoever, and nothing herein shall give or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner is intended to give any rights of the other nor shall it assume or purport any kind to create any obligation on behalf of the otherthird persons.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Relationship of the Parties. The Parties to this Agreement are independent contractors contractors. No Party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, any other Party. This Agreement is not intended to, and this Agreement shall not establish any relationship of partnershipbe deemed, interpreted or construed to create an association, agency, joint venture, employment, franchisepartnership, or agency lessor/lessee relationship between the Parties or to impose any liability attributable to such a relationship upon the Parties. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.
Appears in 2 contracts
Samples: Atsc 3.0 Hosting Agreement, Atsc 1.0 Hosting Agreement
Relationship of the Parties. The Parties to the Agreement are independent contractors and this contractors. Neither party is an agent, representative, partner or employee of the other party. Neither party will have any right, power, or authority to enter into any agreement on behalf of, or incur any obligation or liability of, or to otherwise bind the other party. The Agreement shall will not establish any relationship of partnershipbe interpreted or construed to create an association, agency, joint venture, employment, franchise, or agency partnership between the Parties. Neither Party shall have the power Parties or to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport impose any liability attributable to create any obligation on behalf of the othersuch a relationship upon either party.
Appears in 2 contracts
Samples: Master Advertising Agreement, Affiliate Partner Management Agreement
Relationship of the Parties. The Parties parties are independent contractors and this contractors. This Agreement shall does not establish any relationship of create a partnership, franchise, joint venture, employmentagency, franchise, fiduciary or agency employment relationship between the Parties. parties.Neither Party party shall have the power to bind the other or incur obligations on the otherother party’s behalf without the otherother party’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.
Appears in 2 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement
Relationship of the Parties. The Parties parties to this Agreement and their employees are independent contractors and this Agreement shall are not establish any relationship agents of partnershipeach other, joint ventureventurers, employment, franchisepartners, or agency between the Partiesjoint parties to a formal business organization of any kind. Neither Party shall have the power party is authorized or empowered to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation act on behalf of the other with regard to any contract, warranty, or representation as to any matter, nor will either party be bound by the acts or conduct of the other. Each party will maintain sole and exclusive control over its own personnel and operations.
Appears in 2 contracts
Samples: Cooperative Research and Development Agreement (Crada), Cooperative Research and Development Agreement (Crada)
Relationship of the Parties. The Parties parties are independent contractors and under this Agreement shall not establish any and no other relationship of is intended, including a partnership, franchise, joint venture, employmentagency, franchiseemployer/employee, fiduciary, master/servant relationship, or agency between the Partiesother special relationship. Neither Party party shall have the power to act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other or incur obligations on the other’s behalf without the other’s prior written consentparty. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner The parties acknowledge and agree that any breach of the other nor foregoing sentence shall it assume or purport to create any obligation on behalf be deemed a material breach of the otherthis Agreement.
Appears in 2 contracts
Samples: Oem Agreement (Netro Corp), Oem Agreement (Netro Corp)
Relationship of the Parties. The Parties are independent contractors and contractors, bound to each other only as provided for in this Agreement shall not establish any relationship of partnership, joint venture, employment, franchise, or agency between the PartiesAgreement. Neither Party shall have has the power authority to bind the other bind, act on behalf of, or incur obligations on represent the other’s behalf without the other’s prior written consent. Neither Party shall represent itself Except as an agentotherwise expressly provided, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport nothing in this Agreement will be deemed to create any obligation on behalf of the otherrights in third parties, including Customer’s End Users, suppliers and vendors.
Appears in 2 contracts
Samples: Cloud Solutions Services Agreement, Cloud Solutions Services Agreement
Relationship of the Parties. The Parties parties acknowledge that they are independent contractors and this Agreement shall not establish any relationship of no other relationship, including partnership, joint venture, employment, franchise, master/servant or agency between the Partiesprincipal/agent is intended by this Agreement. Neither Party shall have the power right to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of obligate the other.
Appears in 2 contracts
Samples: Distributor Agreement (Panacea Global, Inc.), Master Purchase Agreement (Panacea Global, Inc.)
Relationship of the Parties. The Parties parties to this Agreement are independent contractors and this contractors. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not establish any relationship of partnershipbe interpreted or construed to create an association, agency, joint venture, employment, franchise, venture or agency partnership between the Parties. Neither Party shall have parties or to impose any liability attributable to such a relationship upon the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the otherparties.
Appears in 2 contracts
Samples: Channel Sharing and Facilities Agreement, Channel Sharing and Facilities Agreement
Relationship of the Parties. The Parties parties hereto are independent contractors and nothing in this Agreement shall not establish any relationship of partnership, creates a joint venture, employment, franchise, partnership or relationship of agency between the Parties. Neither Party shall have the power parties, and except as expressly authorized herein, neither party has any authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agentact, employee, legal representative, joint venturermake representations, or partner of the other nor shall it assume or purport to create any obligation contract on behalf of the otherother party.
Appears in 2 contracts
Samples: Services Agreement (Kioni Holdings LTD), Services Agreement (Kalobios Pharmaceuticals Inc)
Relationship of the Parties. The It is expressly agreed that the Parties are shall be independent contractors and this Agreement that the relationship between the Parties shall not establish any relationship of constitute a partnership, joint venture, employment, franchise, or agency between the Partiesagency. Neither Party shall have the power authority to bind make any statements, representations, or commitments of any kind, or to take any action, which shall be binding on the other or incur obligations on the other’s behalf Party, without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner consent of the such other nor shall it assume or purport to create any obligation on behalf of the otherParty.
Appears in 2 contracts
Samples: Ecourt Reporters Attorney/Law Firm/Government Entity Agreement, Court Reporting Agency Agreement
Relationship of the Parties. The Parties to the Agreement are independent contractors and this contractors. Neither Party is an agent, representative, partner or employee of the other Party. Neither Party will have any right, power, or authority to enter into any agreement on behalf of or incur any obligation or liability of or to otherwise bind the other Party. The Agreement shall will not establish any relationship of partnershipbe interpreted or construed to create an association, agency, joint venture, employment, franchise, or agency partnership between the Parties. Neither Party shall have the power Parties or to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport impose any liability attributable to create any obligation on behalf of the othersuch a relationship upon either Party.
Appears in 2 contracts
Relationship of the Parties. The Parties are intend to create an independent contractors contractor relationship and nothing contained in this Agreement shall not establish any relationship of partnershipbe construed to make either Seller or Buyer partners, joint ventureventurers, employmentprincipals, franchise, agents or agency between employees of the Partiesother. Neither Party shall have the any right, power or authority, express or implied, to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, Seller nor Buyer is authorized to take any action in any way whatsoever for or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.
Appears in 1 contract
Samples: General Terms and Conditions for Purchases and Sales
Relationship of the Parties. The Parties are independent contractors and this Agreement shall not establish any relationship of be construed to create a partnership, joint venture, employmentemployment or principal agent relationship between the Parties within the meaning or application of any Law. No Party, franchisenor any Person employed by such Party, is authorized to make any warranty concerning the other Parties or to incur or assume any obligation or liability for the other Parties, express or implied, or agency between the Parties. Neither Party shall have the power to bind the other Parties in any manner. Service Provider shall not be liable under this Agreement for any debt, obligation or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner liability of the other nor shall it assume or purport to create any obligation on behalf of the otherService Recipient.
Appears in 1 contract
Relationship of the Parties. The Parties are independent contractors and contractors. Nothing in this Agreement shall not establish any relationship of be construed to create or imply partnership, joint venture, agency relationship or contract of employment, franchise, or agency between the Parties. Neither Party shall have has the power right to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the otherother Party.
Appears in 1 contract
Relationship of the Parties. The Parties parties acknowledge that they are independent contractors and this Agreement shall not establish any relationship of partnership, joint venture, employment, franchise, have no power or agency between the Parties. Neither Party shall have the power authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation or responsibility on behalf of the each other. This Agreement will not be construed to create or imply any partnership, agency, or joint venture.
Appears in 1 contract
Samples: Shareholder Agreement
Relationship of the Parties. This Agreement shall not be deemed to create any partnership, agency, joint venture or trust, or to authorize any Party to act as agent, servant or employee of the other. The Parties are independent contractors and this Agreement shall not establish any relationship of partnership, joint venture, employment, franchise, or agency between the Partiescontractors. Neither No Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior its express written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.
Appears in 1 contract
Samples: Tripartite Nerc Compliance Agreement
Relationship of the Parties. The Parties are operating as independent contractors contractors, and this nothing in the Agreement shall not establish any relationship of will be construed as creating a partnership, franchise, joint venture, employment, franchiseemployer-employee, or agency relationship between the Parties. Neither Party shall will have the power to bind the other or to incur obligations on the other’s behalf without the othersuch other Party’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.
Appears in 1 contract
Samples: Vendor Agreement
Relationship of the Parties. The Parties parties are independent contractors and this contractors. This Agreement shall does not establish any relationship of create a partnership, franchise, joint venture, employmentagency, franchise, fiduciary or agency employment relationship between the Partiesparties. Neither Party party shall have the power right to obligate or bind the other party in any manner whatsoever, and nothing herein shall give or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner is intended to give any rights of the other nor shall it assume or purport any kind to create any obligation on behalf of the otherthird persons.
Appears in 1 contract
Samples: Trial Services Agreement
Relationship of the Parties. The Parties are Each of the parties in this Agreement is an independent contractors contractor and nothing in this Agreement shall not establish be construed as to create a partnership or joint venture between the parties, to impose any relationship liability as such on either of partnership, joint venture, employment, franchisethem, or agency between to grant either party the Parties. Neither Party shall have the power right to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.
Appears in 1 contract
Samples: Building Rental Contract
Relationship of the Parties. The At all times the relationship between the Parties are shall be that of independent contractors contractors, and this Agreement nothing expressed or implied shall not establish any relationship of partnershipconstitute the parties as partners, joint venture, employment, franchise, venturers or agency between the Partiesco-owners. Neither Party shall have the power right to bind the other enter into a binding agreement on behalf [LOGO OMITTED] of, or incur obligations on otherwise bind, the other’s behalf without , nor have the right to direct or control the activities of the other’s prior written consent. Neither , nor shall one Party shall represent itself act as an agent, employee, legal representative, joint venturer, or partner agent of the other nor shall it assume or purport to create any obligation on behalf of the otherParty.
Appears in 1 contract
Samples: Master Services Agreement (Fusion Telecommunications International Inc)
Relationship of the Parties. The Parties parties are independent contractors with respect to each other. This Agreement does not constitute and this Agreement shall not establish any relationship of partnership, be construed as constituting a partnership or joint venture, employment, franchiseventure among the parties hereto, or agency between the Partiesan employee-employer relationship. Neither Party No party shall have any right to obligate or bind any other party in any manner whatsoever, and (except to the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party extent expressly provided in Section 11) nothing herein contained shall represent itself as an agent, employee, legal representative, joint venturergive, or partner is intended to give, any rights of the other nor shall it assume or purport any kind to create any obligation on behalf of the otherthird parties.
Appears in 1 contract
Samples: Terms and Conditions
Relationship of the Parties. The Parties parties hereto are independent contractors and not employees of each other. Nothing in this Agreement Agreement, and no course of dealing between the Parties, shall not establish any relationship of be construed to create or imply an employment, agency, partnership, or joint venture, employment, franchise, or agency venture relationship between the Parties. Neither Party party shall have the power be entitled to enter into any agreement or otherwise bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself party except as an agent, employee, legal representative, joint venturer, or partner of the specifically authorized hereunder and/or as pre-approved by such other nor shall it assume or purport to create any obligation on behalf of the otherparty in advance.
Appears in 1 contract
Samples: Event Vendor Agreement
Relationship of the Parties. The Parties are independent contractors and this contractors. This Agreement shall does not establish create any relationship of partnership, franchise, joint venture, employmentagency, franchisefiduciary, or agency employment relationship between the Parties. Neither Party shall have has the power authority to bind the other or enter into any contract, incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agentany liability, employee, legal representative, joint venturermake any representation, or partner of the other nor shall it assume or purport to create any obligation otherwise act on behalf of the otherother Party, unless expressly agreed to in a writing signed by both Parties. Each Party is responsible for its respective employees, representatives, agents, contractors and subcontractors, and the foregoing’s compliance with the terms of the Agreement.
Appears in 1 contract
Relationship of the Parties. The Parties parties are independent contractors and this contractors. This Agreement shall does not establish any relationship of create a partnership, franchise, joint venture, employmentagency, franchiseand fiduciary or employment relationship between the parties. Neither party will have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or agency between the Parties. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create party in any obligation on behalf of the otherrespect whatsoever.
Appears in 1 contract
Relationship of the Parties. This Agreement shall not create or establish an agency, partnership, or joint venture between the Parties and the Parties jointly and severally disclaim any such relationship. The Parties are acting solely as independent contractors and this Agreement shall not establish neither Party owes any relationship of partnershipfiduciary, joint venturespecial, employment, franchiseimplied, or agency between the Parties. Neither Party shall have the power other duty to bind the other Party. Customer agrees and covenants not to directly or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.indirectly solicit,
Appears in 1 contract
Samples: Terms and Conditions Agreement
Relationship of the Parties. The Parties are independent contractors and parties relationship during the term of this Agreement shall not establish and under any relationship purchase orders placed hereunder will be that of partnership, joint venture, employment, franchise, or agency between the Partiesindependent contractors. Neither Party shall have the power party has, and will not represent that it has, any power, right or authority to bind the other or to incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, any charges or partner of the other nor shall it assume or purport to create any obligation expenses on behalf of the otherother party or in the other party's name without the written consent of the other party.
Appears in 1 contract
Samples: Contract Manufacturing Agreement (Smith Corona Corp)
Relationship of the Parties. The Parties Both parties hereto are independent contractors and this Agreement shall not establish any relationship of partnership, joint venture, employment, franchise, or agency between the Partiescontractors. Neither Party shall party will have the power authority to act for and/or bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturerin any way, or partner of to represent that either is responsible for the other nor shall it assume or purport to create any obligation on behalf acts of the other. This Agreement will not be construed as forming a partnership between the parties. Either party is authorized to use the other's name as partner for marketing purposes with the other parties' written consent in each instance, which consent shall not be unreasonably withheld.
Appears in 1 contract
Samples: Agreement Respecting Modified Version of Desktop Dna (Previo Inc)
Relationship of the Parties. The Parties are independent contractors and contracting entities. Nothing in this Agreement shall not establish any relationship of will be construed to create a partnership, joint venture, employment, franchiseagency relationship, or agency between joint venture among the Parties. Neither Party shall will have the power any authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation make commitments on behalf of the otherother Party for any purpose, nor will it hold itself out as having such authority.
Appears in 1 contract
Relationship of the Parties. The In performing this Agreement, the Parties are shall at all times be independent contractors rather than agents, partners, representatives, or employees of each other, and neither Party shall have any authority to act for or bind the other Party. Nothing in this Agreement shall not establish any relationship of be deemed to create an agency, employment, partnership, joint venture, employment, franchise, venture or agency similar relationship between the PartiesFidelity and Envestnet. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party Fidelity nor Envestnet shall represent itself as or imply in any way to Clients or any third Parties that it is an agentofficer, director, employee, legal agent, representative, partner, joint venturer, venture or partner of the other nor shall it assume or purport to create any obligation on behalf affiliate of the other.
Appears in 1 contract
Samples: Technology and Services Agreement (Envestnet, Inc.)
Relationship of the Parties. The Parties are In performing this Agreement, the parties shall at all times be independent contractors rather than agents, partners, representatives, or employees of each other, and neither party shall have any authority to act for or bind the other party. Nothing in this Agreement shall not establish any relationship of be deemed to create an agency, employment, partnership, joint venture, employment, franchise, venture or agency similar relationship between the PartiesNational and Envestnet. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party National nor Envestnet shall represent itself as or imply in any way to Clients or any third parties that it is an agentofficer, director, employee, legal agent, representative, partner, joint venturer, venture or partner of the other nor shall it assume or purport to create any obligation on behalf affiliate of the other.
Appears in 1 contract
Samples: Services Agreement (Envestnet, Inc.)
Relationship of the Parties. The Parties parties are independent contractors and and, except as otherwise expressly set forth elsewhere herein, nothing in this Agreement shall not establish any create or imply an agency relationship of partnership, joint venture, employment, franchise, or agency between the Partiesparties, nor shall this Agreement be deemed to constitute a joint venture or partnership between the parties. Neither Party Except as provided in this Agreement, neither party shall have the power authority to bind or otherwise obligate the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create in any obligation on behalf of the othermanner whatsoever.
Appears in 1 contract
Samples: Asset Purchase Agreement (American Coin Merchandising Inc)
Relationship of the Parties. The Parties are independent contractors and this This Agreement shall will not establish any relationship of be construed as creating a partnership, joint venture, employment, franchise, or agency between the Partiesrelationship or as granting a franchise. Neither The Parties are performing their obligations under these Terms and Conditions as independent contractors. At no time will either Party shall have the any right, power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport authority to create any obligation or responsibility on behalf of the otherother Party.
Appears in 1 contract
Samples: Pagefreezer Services Subscription Terms for Government
Relationship of the Parties. The Parties are independent contractors and this contractors. This Agreement shall does not establish any relationship of create a partnership, franchise, joint venture, employmentagency, franchisefiduciary, or agency employment relationship between the Parties. Neither Party shall will have the power to bind the other or incur obligations on the otherother Party’s behalf without the otherother Party’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.
Appears in 1 contract
Samples: Subscription Agreement
Relationship of the Parties. The Parties acknowledge that they are independent contractors and this Agreement shall not establish any relationship of no other relationship, including partnership, joint venture, employment, franchise, master/servant or agency between the Partiesprincipal/agent is intended by this Agreement. Neither Party shall have the power right to bind or obligate the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself in any manner, whether written, verbal or otherwise, as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the otherParty.
Appears in 1 contract
Samples: Supply Agreement (XPEL, Inc.)
Relationship of the Parties. The Parties are independent contractors and Except as expressly provided in this Agreement shall not establish any relationship of partnershipAgreement, joint venture, employment, franchise, or agency between the Parties. Neither Party neither party shall have any right or authority whatsoever to assume or create any obligation or responsibility, express or implied, on behalf of or in the power name of the other party or to bind the other party in any manner, and any action or incur obligations on conduct of a party in breach of this provision shall be the other’s behalf without the other’s prior written consentsole responsibility and liability of such party. Neither Party the execution nor the delivery of this Agreement, nor anything contained herein, shall represent itself as an agent, employee, legal representative, create or be deemed to create a partnership or joint venturer, or partner venture between the parties. Each of the other nor parties shall it assume or purport to create any obligation on behalf of the otherat all times remain an independent contractor.
Appears in 1 contract
Samples: Technology Transfer License Agreement (Silicon South Inc)
Relationship of the Parties. The Parties are independent contractors of each other, and nothing in this Agreement shall not establish any relationship of creates an employer/employee, partnership, joint venture, employment, franchiseagency, or agency between the Partiesjoint venture relationship. Neither Party shall have has authority to enter into any agreement in the power to bind the other or incur obligations on name of the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create or assume any obligation of any kind, express or implied, on behalf of the other, except as specifically provided in this Agreement.
Appears in 1 contract
Samples: Subgrant Agreement
Relationship of the Parties. The Parties parties are independent contractors and contracting entities. Nothing in this Agreement shall not establish any relationship of be construed to create a partnership, joint venture, employment, franchiseagency relationship, or agency between joint venture among the Partiesparties. Neither Party No party hereto shall have the power any authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation make commitments on behalf of one another. No party to this Agreement shall be held liable for the otheracts or omissions of another party hereto.
Appears in 1 contract
Samples: Health Information Exchange Participation Agreement
Relationship of the Parties. The Parties parties to this Agreement are independent contractors and this Agreement shall not establish contractors. Neither party nor any relationship of partnership, joint venture, employment, franchiseits employees or agents is, or agency between will hold themselves out to be, an agent or employee of the Partiesother party. Neither Party party shall have the power right or authority or shall hold itself out to have the right or authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agentparty, employee, legal representative, joint venturer, or partner of the other nor shall it assume either party be responsible for he acts or purport to create any obligation on behalf omissions of the other.
Appears in 1 contract
Samples: Workkeys Profiling Agreement
Relationship of the Parties. The Parties parties are independent contractors contractors, and this Agreement shall will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the Partiesparties. Neither Party shall party will have the power to bind the other party or to incur any obligations on the other’s behalf its behalf, without the otherother party’s prior written consent. Neither Party party shall represent hold itself out as an agent, employee, legal representative, joint venturer, or partner agent of the other nor shall it assume or purport to create any obligation on behalf of the otherparty.
Appears in 1 contract
Samples: Solution Provider Agreement
Relationship of the Parties. The Parties are independent contractors and this contractors. This Agreement shall does not establish any relationship of create a partnership, franchise, joint venture, employmentagency, franchise, fiduciary or agency employment relationship between the Parties. Neither Party shall will have the right, power or authority to make any representation or warranty (whether express or implied), or to assume or create any obligations on behalf of the other Party, or to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create in any obligation on behalf of the othermanner whatsoever.
Appears in 1 contract
Samples: Terms and Conditions
Relationship of the Parties. The Parties agree that they are independent contractors and that this Agreement shall and relations between Company and Publisher hereby established do not establish any relationship of partnership, constitute a joint venture, employment, franchiseagency or contract of employment between them, or agency between the Partiesany other similar relationship. Neither Party shall have has the power right or authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation or responsibility on behalf of the other.
Appears in 1 contract
Samples: Master Services Agreement (Sun-Times Media Group Inc)
Relationship of the Parties. The Parties are independent contractors and Nothing in this Agreement shall not establish any relationship of will be construed to create a partnership, joint venture, employment, franchise, venture or agency relationship between the Partiesparties. Neither Party shall The parties agree that each is an independent contractor and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the othersuch other party’s prior written consent. Neither Party Nothing in this Agreement shall represent itself be construed as an agentobligation by either party to enter into a contract, employee, legal representative, joint venturersubcontract, or partner of other business relationship with the other nor party. Each party shall bear all costs and expenses incurred by it assume under or purport to create any obligation on behalf of the otherin connection with this Agreement.
Appears in 1 contract
Samples: Software Access Agreement
Relationship of the Parties. The Parties are independent contractors and this This Agreement shall will not establish any relationship of be construed as creating a partnership, joint venture, employment, franchise, or agency between the Partiesrelationship or as granting a franchise. Neither The parties are performing their obligations under these Terms as independent contractors. At no time will either Party shall have the any right, power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport authority to create any obligation or responsibility on behalf of the otherother party.
Appears in 1 contract
Relationship of the Parties. The Parties are independent contractors contractors, and this Agreement shall not establish any relationship at no time will either Party be deemed to be the agent or employee of partnership, the other Party. No joint venture, employmentpartnership, franchiseagency, or agency other relationship will be created or implied between the PartiesParties as a result of this Agreement. Neither Except as expressly set forth in this Agreement, each Party shall will bear full and sole responsibility for its own expenses and costs of operation. Furthermore, neither Party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agentauthority to, employeeand will not purport to, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create enter into any obligation contract on behalf of the otherother Party, or commit it to any obligation.
Appears in 1 contract
Samples: Master Services Agreement
Relationship of the Parties. The Parties parties to this contract are independent contractors and independent. Nothing in this Agreement shall not establish any relationship of partnership, joint venture, employment, franchiseAgreement, or agency between the Parties. Neither Party shall have course of conduct of the power parties, is intended (nor may it be construed) to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself constitute either party as an agent, employee, legal representative, subsidiary, joint venturer, franchisee, partner, employee, or partner servant of the other nor shall it assume party for any purpose whatsoever. Neither party has the authority to, and will not, act as an agent for or purport to create any obligation on behalf of the otherother party or represent or bind the other party in any manner.
Appears in 1 contract
Samples: User Agreement
Relationship of the Parties. The Parties are parties expressly agree that the relationship between them is that of independent contractors and this contractor. This Agreement shall not establish confer on any relationship party any authority or right, nor shall any party hold itself out as having the authority or right, to assume, create or undertake any obligation of partnershipany kind whatsoever, joint ventureexpress or implied, employment, franchise, on behalf of or agency between in the Parties. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner name of the other nor shall it assume or purport to create any obligation on behalf party without the express prior written consent of the othersuch other party.
Appears in 1 contract
Samples: Mutual Non Disclosure Agreement
Relationship of the Parties. The Parties Both parties are independent contractors and nothing in this Agreement shall not establish any relationship of creates a partnership, agency, joint venture, employment, franchise, fiduciary or agency employment relationship between the Partiesparties. Neither Party party shall have the power any authority to bind the other or incur any obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the otherother party or to make any promise, representation or contract of any nature on behalf of the other party.
Appears in 1 contract
Samples: Terms of Service
Relationship of the Parties. The Parties are independent contractors and nothing contained in this Agreement shall not establish any will be construed to place them in the relationship of partnershippartners, principal and agent, employer/employee or joint venture, employment, franchise, or agency between the Partiesventurer. Neither Party shall will have the power or right to bind or obligate the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party, nor will either Party shall represent hold itself out as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the otherhaving such authority.
Appears in 1 contract
Relationship of the Parties. The Parties parties are independent contractors and this contractors. This Agreement shall does not establish any relationship of create a partnership, franchise, joint venture, employment, franchiseagency, or agency any fiduciary or employment relationship between the Partiesparties. Neither Party party shall have the right, power or authority to bind the other make any representation or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturerwarranty (whether express or implied), or partner of the other nor shall it to assume or purport to create any obligation on behalf of the otherother party, or to bind the other party in any manner whatsoever.
Appears in 1 contract
Samples: End User License Agreement