Common use of Restaurant Employees Clause in Contracts

Restaurant Employees. The Partners agree that all persons employed in all positions (the “Restaurant Employees”) at the Restaurants shall be employees of OS Restaurant Services, Inc. (“OSRS”), a Delaware corporation and Affiliate of the Company, for any and all purposes, subject to OSRS’ and the Company’s rules, regulations and requirements, and will not be considered employees, agents or subcontractors of the Partnership for any purpose whatsoever. The parties agree that OSRS shall have the right to control and direct all Restaurant Employees who perform services for the Partnership, not only as to the result to be accomplished by such services, but also as to the detail, manner and means by which that result is to be accomplished. OSRS’ rights hereunder include, but are not limited to: (i) the right to terminate any Restaurant Employee’s services; (ii) the right to increase or decrease the compensation of any Restaurant Employee for such services at any time; (iii) the right to supervise Restaurant Employees in the performance of such services; and (iv) the right to require that all such services provided by Restaurant Employees be performed in accordance with the policies, directions and requirements specified by OSRS. Outback/West Florida-II, Limited Partnership

Restaurant Employees. The Partners agree that all persons employed in all positions (the “Restaurant Employees”) at the Restaurants shall be employees of OS Restaurant Services, Inc. (“OSRS”), a Delaware corporation and Affiliate of the Company, for any and all purposes, subject to OSRS’ and the Company’s rules, regulations and requirements, and will not be considered employees, agents or subcontractors of the Partnership for any purpose whatsoever. The parties agree that OSRS shall have the right to control and direct all Restaurant Employees who perform services for the Partnership, not only as to the result to be accomplished by such services, but also as to the detail, manner and means by which that result is to be accomplished. OSRS’ rights hereunder include, but are not limited to: (i) the right to terminate any Restaurant Employee’s services; (ii) the right to increase or decrease the compensation of any Restaurant Employee for such services at any time; (iii) the right to supervise Restaurant Employees in the performance of such services; and (iv) the right to require that all such services provided by Restaurant Employees be performed in accordance with the policies, directions and requirements specified by OSRS. Outback/West South Florida-II, Limited Partnership

Restaurant Employees. The Partners agree that all persons employed in all positions (the “Restaurant Employees”) at the Restaurants shall be employees of OS Restaurant Services, Inc. (“OSRS”), a Delaware corporation and Affiliate of the Company, for any and all purposes, subject to OSRS’ and the Company’s rules, regulations and requirements, and will not be considered employees, agents or subcontractors of the Partnership for any purpose whatsoever. The parties agree that OSRS shall have the right to control and direct all Restaurant Employees who perform services for the Partnership, not only as to the result to be accomplished by such services, but also as to the detail, manner and means by which that result is to be accomplished. OSRS’ rights hereunder include, but are not limited to: (i) the right to terminate any Restaurant Employee’s services; (ii) the right to increase or decrease the compensation of any Restaurant Employee for such services at any time; (iii) the right to supervise Restaurant Employees in the performance of such services; and (iv) the right to require that all such services provided by Restaurant Employees be performed in accordance with the policies, directions and requirements specified by OSRS. Outback/West Outback Steakhouse of Central Florida-II, Limited PartnershipLtd. 4

Restaurant Employees. The Partners agree that all persons employed in all positions (the “Restaurant Employees”) at the Restaurants shall be employees of OS Restaurant Services, Inc. (“OSRS”), a Delaware corporation and Affiliate of the Company, for any and all purposes, subject to OSRS’ and the Company’s rules, regulations and requirements, and will not be considered employees, agents or subcontractors of the Partnership for any purpose whatsoever. The parties agree that OSRS shall have the right to control and direct all Restaurant Employees who perform services for the Partnership, not only as to the result to be accomplished by such services, but also as to the detail, manner and means by which that result is to be accomplished. OSRS’ rights hereunder include, but are not limited to: (i) the right to terminate any Restaurant Employee’s services; (ii) the right to increase or decrease the compensation of any Restaurant Employee for such services at any time; (iii) the right to supervise Restaurant Employees in the performance of such services; and (iv) the right to require that all such services provided by Restaurant Employees be performed in accordance with the policies, directions and requirements specified by OSRS. Outback/West Florida-III, Limited Partnership

Restaurant Employees. The Partners agree that all persons employed in all positions (the “Restaurant Employees”) at the Restaurants shall be employees of OS Restaurant Services, Inc. (“OSRS”), a Delaware corporation and Affiliate of the Company, for any and all purposes, subject to OSRS’ and the Company’s rules, regulations and requirements, and will not be considered employees, agents or subcontractors of the Partnership for any purpose whatsoever. The parties agree that OSRS shall have the right to control and direct all Restaurant Employees who perform services for the Partnership, not only as to the result to be accomplished by such services, but also as to the detail, manner and means by which that result is to be accomplished. OSRS’ rights hereunder include, but are not limited to: (i) the right to terminate any Restaurant Employee’s services; (ii) the right to increase or decrease the compensation of any Restaurant Employee for such services at any time; (iii) the right to supervise Restaurant Employees in the performance of such services; and (iv) the right to require that all such services provided by Restaurant Employees be performed in accordance with the policies, directions and requirements specified by OSRS. OutbackCarrabba’s/West South Florida-III, Limited PartnershipPartnership 4