STATUS OF CONCESSIONAIRE Sample Clauses

STATUS OF CONCESSIONAIRE. A. It is understood and agreed that CONCESSIONAIRE (including concessionaire’s employees) is an independent contractor and that no relationship of employer- employee exists between the parties hereto. CONCESSIONAIRE’S assigned personnel shall not be entitled to any benefits payable to employees of County. Concessionaire hereby indemnifies and holds County harmless from any and all claims that may be made against County based upon any contention by any third party that an employer-employee relationship exists by reason of this agreement. B. If any third persons are employed by CONCESSIONAIRE, such person shall be entirely and exclusively under the direction, supervision, and control of Concessionaire. All terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Concessionaire, and the County shall have no right or authority over such persons or the terms of such employment. C. It is further understood and agreed that as an independent concessionaire and not an employee of County, neither the Concessionaire nor Concessionaire’s assigned personnel shall have any entitlement as a County employee, right to act on behalf of County in any capacity whatsoever as agent, nor to bind County to any obligation whatsoever. Concessionaire shall not be covered by worker’s compensation; nor shall Concessionaire be entitled to compensated sick leave, vacation leave, retirement entitlement, participation in group health, dental, life and other insurance programs, or entitled to other fringe benefits payable by the County to employees of the County. D. It is further understood and agreed that Concessionaire must issue W-2 and 941 Forms for income and employment tax purposes, for all of concession-assigned personnel under the terms and conditions of this agreement.
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STATUS OF CONCESSIONAIRE. All acts of Concessionaire, its agents, officers, and employees, relating to the performance of this Agreement, shall be performed as independent contractors, and not as agents, officers, or employees of County. Concessionaire, by virtue of this agreement, has no authority to bind or incur any obligation on behalf of County. Except as expressly provided in this agreement, Concessionaire has no authority or responsibility to exercise any rights or power vested in the County. No agent, officer, or employee of the County is to be considered an employee of Contractor. It is understood by both Concessionaire and County that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. As an independent contractor: 25.1. Concessionaire shall determine the method, details, and means of performing the work and services to be provided by Concessionaire under this Agreement. 25.2. Concessionaire shall be responsible to County only for the requirements and results specified in this Agreement, and except as expressly provided in this Agreement, shall not be subjected to County's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. 25.3. Concessionaire, its agents, officers, and employees are, and at all times during the term of this agreement shall, represent and conduct themselves as independent contractors, and not as employees of County. 25.4. Concessionaire will obtain any and all necessary licenses and permits for such concession in the name of Concessionaire and not name County in any manner on such licenses or permits.
Sample 1
STATUS OF CONCESSIONAIRE. It is understood and agreed that CONCESSIONAIRE (including concessionaire’s employees) is an independent contractor and that no relationship of employer employee exists between the parties hereto. CONCESSIONAIRE’S assigned personnel shall not be entitled to any benefits payable to employees of COUNTY. CONCESSIONAIRE hereby indemnifies and holds COUNTY harmless from any and all claims that may be made against COUNTY based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.
Sample 1
STATUS OF CONCESSIONAIRE. Permit Holder / Concessionaire is not to be considered an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits City provides its employees. Permit Holder/ Concessionaire will not be eligible for any federal social security, state worker's compensation, unemployment insurance, or Public Employees Retirement System benefits from this permit. Nothing in this Agreement shall be construed to render the City in any way or for any purpose a partner, joint venturer, or associate in any relationship with Permit Holder / Concessionaire other than that of Licensor and Licensee / Concessionaire, nor shall this Agreement be construed to authorize either party to act as agent for the other. Entry for Inspection. Permit Holder / Concessionaire consents to and provides an irrevocable right of entry to permit inspection by City personnel, City contractors, City authorized representatives and other governmental authorities for purposes of regulatory compliance inspection and determination of compliance with this permit, federal, state and local laws as well as the general condition of premises, equipment and facilities. Entry by City personnel, City contractors, representatives and other governmental authorities on official business shall not be deemed a trespass. City also reserves to itself the unqualified and irrevocable right-of-entry for the inspection of the premises to determine compliance with this Agreement and for emergency purposes.
Sample 1
STATUS OF CONCESSIONAIRE. By virtue of this agreement, the Concessionaire shall be permitted to enter upon the property of the CG Base XXXXXX (MWR) solely for the purpose of exercising the right and privileges hereby granted, and shall not be deemed to have become an agency, independent establishment, or governmental corporation under the authority of CG Base XXXXXX (MWR) nor shall it employees be deemed to have become agents, employees, or officials of CG Base XXXXXX (MWR). Upon revocation of this Agreement, CG Base XXXXXX (MWR) shall have the right through such means as it sees fit to remove and exclude the Concessionaire and any of the Concessionaire’s employees, without being deemed guilty of any unlawful entry, trespass or injury of any sort whatever. The Concessionaire shall not represent in any manner, express or implied, that the services/supplies purchased under this Agreement are approved or endorsed by any element of the United States Government. Any advertising by the Concessionaire, including price-off coupons, which refer to a CG Base XXXXXX (MWR) shall be submitted to the CG Base XXXXXX (MWR) or his/her authorized representative prior to publication and shall contain the following statement when published: “This advertisement is neither paid for nor sponsored, in whole or in part, The designated Contracting Representative for the CG Base XXXXXX (MWR) under this Agreement is identified below. Concessionaire shall direct all questions, comments and document submissions to this official, unless otherwise specified elsewhere herein: Name: Title: Mailing Address: Phone:
Sample 1
STATUS OF CONCESSIONAIRE. The parties intend that Concessionaire, in performing the services specified herein, shall act as an independent contractor and shall control the work and the manner in which it is performed. Concessionaire is not to be considered an agent or employee of SMART and is not entitled to participate in any pension plan, worker’s compensation plan, insurance, bonus, or similar benefits SMART provides its employees. In the event SMART exercises its right to terminate this Agreement pursuant to Article 7, above, Concessionaire expressly agrees that it shall have no recourse or right of appeal under rules, regulations, ordinances, or laws applicable to employees.
Sample 1
STATUS OF CONCESSIONAIRE. In the performance of its duties and obligations under these Requirements, Concessionaire is, and shall be, at all times during the term of these Requirements, an independent contractor, and not an agent or employee of BOR. These Requirements does not create any agency relationship between or among BOR, Concessionaire, and the Concessionaire Parties.
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STATUS OF CONCESSIONAIRE 
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Related to STATUS OF CONCESSIONAIRE

  • Sole purpose of the Concessionaire The Concessionaire having been set up for the sole purpose of exercising the rights and observing and performing its obligations and liabilities under this Agreement, the Concessionaire or any of its subsidiaries shall not, except with the previous written consent of the Authority, be or become directly or indirectly engaged, concerned or interested in any business other than as envisaged herein.

  • Contracts Concerning Use of Project The Recipient agrees that during the Agreement Term it will not contract with any Private Person for use of the Project or any portion thereof or the facility or facilities of which the Project is a part for any Private Business Use unless all of the conditions of subparagraph F.3.a., subparagraph F.3.b. or subparagraph F.3.c. are met: a. If the compensation of the Private Person is based entirely on a periodic, fixed fee that contains no incentive adjustments, all of the following conditions must be met: (A) no amount of compensation is based on a share of the net profits; (B) the compensation is reasonable; (C) the term of the contract does not exceed five (5) years (including any renewal option periods provided for in the contract);

  • Contractor Licensing, etc. Notwithstanding Section 14.c, District may terminate this Contract immediately by written notice to Contractor upon denial, suspension, revocation, or non-renewal of any license, permit, or certificate that Contractor must hold to provide services under this Contract.

  • Selection of Subcontractors, Procurement of Materials and Leasing of Equipment The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

  • Grant of Concession 2.1.1 Pursuant to the provisions of the Act and subject to the terms and conditions of the CDA Documents, including Section 2.1.8, TxDOT hereby grants to Developer the exclusive right, and Developer accepts the obligation, to finance, develop, design and construct the Project described in Section 1 of the Technical Provisions, and to enter into the Lease in the form attached as Exhibit 3 for the Project and Project Right of Way. 2.1.2 From and after issuance of NTP1, Developer and its authorized Developer- Related Entities shall have the right and license to enter onto Project Right of Way and other lands owned by TxDOT for purposes of carrying out its obligations under this Agreement. 2.1.3 TxDOT and Xxxxxxxxx acknowledge that they have executed two counterparts of the Lease and one counterpart of the Memorandum of Lease and placed them in a neutral escrow for safekeeping pursuant to the Lease Escrow Agreement. Upon the Operating Commencement Date that first occurs, but not before then, and as a ministerial act, TxDOT and Developer shall date the Lease and Memorandum of Lease, obtain acknowledgment of their signatures on the Memorandum of Lease by a Texas notary public, attach all legal descriptions pertaining to the Section for which the first Operating Commencement Date occurs, and each Party shall deliver to the other Party, and the other Party shall accept, the Lease and Memorandum of Lease, whereupon the Lease shall take effect and the right of entry under Section 2.1.2 shall automatically cease to have effect as to the Section for which the first Operating Commencement Date occurs (but continue in effect for all other Sections). Developer, at its expense, shall have the right to record the Memorandum of Lease upon its delivery to Developer, and shall promptly deliver to TxDOT a conformed copy of the Memorandum of Lease bearing all recording information. 2.1.4 Upon the Operating Commencement Date for each additional Section, but not before then, and as a ministerial act, TxDOT and Developer shall date and execute an Amendment to Lease and Amendment to Memorandum of Lease, each in the form attached to this Agreement as Exhibit 3, obtain acknowledgment of their signatures on the Amendment to Memorandum of Lease by a Texas notary public, attach all legal descriptions pertaining to the Section, and each Party shall deliver to the other Party, and the other Party shall accept, the Amendment to Lease and Amendment to Memorandum of Lease, whereupon the Amendment to Lease shall take effect and the right of entry under Section 2.1.2 shall automatically cease to have effect as to each Section that is the subject of the Amendment to Lease (but continue in effect for all other Sections, if any). Developer, at its expense, shall have the right to record the Amendment to Memorandum of Lease upon its delivery to Developer, and shall promptly deliver to TxDOT a conformed copy of the Amendment to Memorandum of Lease bearing all recording information. 2.1.5 Developer shall have the exclusive right and obligation, during the Operating Period for each Section, to use, manage, operate, maintain and repair the applicable Section, and to perform Renewal Work and Upgrades, pursuant to the terms of this Agreement, the other CDA Documents and the Principal Project Documents. 2.1.6 Developer shall have the exclusive right and obligation, for each Project Segment, commencing on the Service Commencement Date for the Project Segment and ending at the end of the Term, to toll the Managed Lanes of the Project Segment pursuant to the terms of this Agreement, the other CDA Documents and the Principal Project Documents. 2.1.7 Developer’s rights granted in this Section 2.1 are limited by and subject to the terms and conditions of the CDA Documents, including the following: 2.1.7.1 Receipt of all Governmental Approvals necessary for the Work to be performed and satisfaction of any requirements applicable under the Governmental Approvals (including the NEPA Approval) for the Work to be performed; and 2.1.7.2 TxDOT’s sole ownership of fee simple title to the Project and Project Right of Way and all improvements constructed thereon, subject to Developer’s Interest, including Developer’s leasehold estate under the Lease. 2.1.8 If and only if TxDOT issues NTP3 under Section 7.7.2.3, all provisions in the CDA Documents regarding the IH 35E Capacity Improvement Section are deemed to be effective as of the effective date of issuance of NTP3; otherwise all such provisions are deemed not to be in effect.

  • New Application for Licensure Any time after the three-month period has lapsed from the Effective Date of this Agreement and Respondent has paid the Administrative Penalty set forth in Section III, Paragraph 1 of this Order, Respondent may apply for a new mortgage loan originator license or, as applicable, petition for the reinstatement of an MLO Activity Endorsement in any or all of the Participating States with the understanding that each State Mortgage Regulator reserves the rights to fully investigate such application for licensure or petition for reinstatement of an MLO Activity Endorsement and may either approve or deny such application or petition pursuant to the normal process for such licensing or endorsement investigations. No license application or petition described in this paragraph will be denied solely based on the facts, circumstances, or consensual resolution provided for in this Agreement. Respondent further agrees that Respondent must satisfy the Administrative Penalty provision prior to submitting an application for a new mortgage loan originator license or, as applicable, petition for the reinstatement of an MLO Activity Endorsement.

  • Obligations of the Concessionaire 5.1.1 Subject to and on the terms and conditions of this Agreement, the Concessionaire shall, at its own cost and expense, procure finance for and undertake the design, engineering, procurement, construction, operation and maintenance of the Project and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder. 5.1.2 The Concessionaire shall comply with all Applicable Laws and Applicable Permits (including renewals as required) in the performance of its obligations under this Agreement. 5.1.3 Subject to the provisions of Clauses 5.1.1 and 5.1.2, the Concessionaire shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person. 5.1.4 The Concessionaire shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement carry out the following but not be limited to: (a) make, or cause to be made, necessary applications to the relevant Government Instrumentalities with such particulars and details as may be required for obtaining Applicable Permits (other than those set forth in Clause 4.1.3), and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws; (b) procure, as required, the appropriate proprietary rights, licences, agreements and permissions for materials, methods, processes and systems used or incorporated into the Project; (c) perform and fulfil its obligations under the Financing Agreements; (d) make reasonable efforts to maintain harmony and good industrial relations among the personnel employed by it or its Contractors in connection with the performance of its obligations under this Agreement; (e) make reasonable efforts to facilitate the acquisition of land required for the purposes of the Agreement; (f) ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Concessionaire's obligations under this Agreement; (g) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (h) support, cooperate with and facilitate the Authority in the implementation and operation of the Project in accordance with the provisions of this Agreement; (i) modify/demolish the existing structures on the Site at its own cost and consequences. The Concessionaire shall ensure that the demolition and construction of the existing structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site; (j) (deleted) (k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof. (l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements; (m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1; (n) construct and maintain public amenities like ablution units etc.; (o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period; (p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner; (q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal; (r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded); (s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal (t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.; (u) day to day operation and management of the Project as per this Agreement; and (v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.

  • Sub-licensing Nuvectis may grant sub-licences (through multiple tiers) of its rights under this Agreement, provided that: (1) the granting of any sub-licences shall not relieve Nuvectis of any obligations or duties imposed on it under this Agreement; (2) it shall not grant or allow the grant of any sub-licences to (i) a tobacco company (being any entity identified as such in the Cancer Research UK Code of Practice on Tobacco Industry Funding to Universities); or (ii) a party which is actively and/or currently engaged in the manufacture, production or sale of weapons or ammunition; (3) subject to the provisions of Clause 2.5, such sub-licence shall be on arm’s length commercial terms reflecting the market value of the rights granted; (4) [***]; (5) [***]; (6) Nuvectis shall ensure that there are included in any sub-licence terms which shall enable Nuvectis to comply with its obligations under this Agreement; (7) subject to the provisions of clause 12.6, each sub-licence shall, and shall be expressed in each sub-licence agreement to, terminate automatically upon termination of the license under clause 2.1 and/or any commercial licence to the Collaboration Option IP; (8) [***]; (9) it shall diligently collect all amounts due under each sub-licence; (10) Nuvectis shall ensure that each Sub-Licence does not prohibit Nuvectis’s grant and the implementation of any [***] hereunder; (11) it shall be responsible for any breach of the sub-licence by the Sub-Licensee of Licensed Products and/or Additional Licensed Products, as if the breach had been that of Nuvectis under this Agreement; (12) the grant of any sub-licence shall be without prejudice to Nuvectis’s obligations under this Agreement. Any act or omission of any Sub-Licensee which, if it were the act or omission of Nuvectis would be a breach of any of the provisions of this Agreement, will be deemed to be a breach of this Agreement by Nuvectis who will be liable to the University accordingly; (13) the obligations in Clause 2.4 (3), (4), (5), (6) (excluding the development and commercialisation obligations set out in Clause 5.1), (8) and (9) shall not apply in relation to agreements that Nuvectis and/or a Sub-Licensee enters into with Third Party Service Providers, provided that: (a) such agreements relate to the provision of research, development and/or manufacturing services to Nuvectis and/or a Sub-Licensee in connection with Licensed Products and/or Additional Licensed Products; and (b) no rights are granted to such Third Party Service Providers to: (i) research, develop or manufacture its own products; and/or (ii) sell the Licensed Products and/or Additional Licensed Products; (14) each subclause of this Clause 2.4 shall apply to each tier of sub-licence unless expressly stated otherwise.

  • Area of Concern Defective plumbing fixtures, appliances, or trim fittings. Standard: Fixtures, appliances, and fittings should comply with the manufacturer’s Standards.

  • The Concession 3.1.1 Subject to and in accordance with the provisions of this Agreement, the Applicable Laws and the Applicable Permits, Maha-Metro hereby grants to the Concessionaire the concession set forth herein including the exclusive right, licence and authority to develop/construct, operate and maintain the Project (the “Concession”) for a period of 60 (sixty) years commencing from the Effective Date, and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein; 3.1.2 Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted shall oblige or entitle (as the case may be) the Concessionaire to: (a) Right of Way, access and lease rights to the Project Site for the purpose of and to the extent conferred by the provisions of this Agreement; (b) to design, engineer, finance, procure and construct the Project; (c) manage, operate and maintain the Project and regulate the use thereof by third parties; (d) demand, collect and appropriate revenue from the Users for using the Project Assets or any part thereof; (e) perform and fulfil all the Concessionaire’s obligations under and in accordance with this Agreement; (f) bear and pay all costs, expenses and charges in connection with or incidental to the performance of the obligations of the Concessionaire under this Agreement; and (g) neither assign, transfer or sublet or create any lien or Encumbrance on this Agreement, or the Concession hereby granted or on the whole or any part of the Project nor transfer, lease or part possession thereof, save and except as expressly permitted by this Agreement. 3.1.3 The Concession Period shall commence on the Effective Date and shall end on the Transfer Date.