Common use of Responsibility for Vendor personnel Clause in Contracts

Responsibility for Vendor personnel. (a) Under no circumstances will Vendor’s employees, agents and Subcontractors be considered employees of DIR or the State, but will be considered Vendor’s employ- ees, agents or Subcontractors for all purposes. (b) Except as expressly provided in this CTSA, neither Vendor nor any of Vendor’s em- ployees, agents or Subcontractors may act in any sense as agents or representa- tives of DIR or the State of Texas. (c) Vendor’s employees, agents or Subcontractors shall be paid exclusively by Vendor for all Services performed. Vendor is responsible for and must comply with all re- quirements and obligations related to such employees, agents or Subcontractors un- der local, State or Federal law, including minimum wage, social security, unemploy- ment insurance, State and Federal income tax and workers’ compensation obliga- tions. (d) Vendor assumes sole and full responsibility for its acts and the acts of its employees, agents and Subcontractors relating to the performance of this CTSA. (e) Vendor agrees that any claim on behalf of any person arising out of employment, al- leged employment, agency or subcontracts (including, but not limited to, claims of discrimination against Vendor, its officers, or its agents or its Subcontractors) are the sole responsibility of Vendor and are not the responsibility of DIR or any Customer, and that Vendor will indemnify and hold harmless the State from any and all such claims asserted against the State, DIR or any Customer. Vendor understands that any person who alleges a claim arising out of employment, alleged employment, agency, or subcontract by Vendor (including, but not limited to, claims of discrimina- tion against Vendor, its officers, or its agents or its Subcontractors) will not be entitled to any compensation, rights, or benefits from DIR (including, but not limited to, tenure rights, medical and hospital care, sick and annual/vacation leave, severance pay, or retirement benefits).