Status of Developer. 6.1.1 Developer represents and warrants that Developer is an independent do or business entity that is: (i) free from the control and direction of the District in connection with the performance of the Services, (ii) performing Services that are outside the usual course of the District’s business, and (iii) customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the Services performed, District being interested only in the results obtained. Developer understands and agrees that it and all of its employees and its Subcontractors shall not be considered officers, employees, agents, partner, or joint venture of the District, and are not entitled to benefits of any kind or nature normally provided employees of the District and/or to which District's employees are normally entitled, including, but not limited to, State Unemployment Compensation or Worker's Compensation. Developer shall assume full responsibility for payment of all federal, state, and local taxes or contributions, including unemployment insurance, social security, and income taxes with respect to Consultant's employees. Developer is and shall at all times be deemed be wholly responsible for the manner in which it, its agents, and its Subcontractors perform the services required of it by the Contract Documents. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between the District, or any of the District's employees or agents, and Developer or any of Developer’s Subcontractors, agents or employees. District shall be permitted to monitor Developer’s activities to determine compliance with the terms of the Contract Documents.
6.1.2 As required by law, Developer and all Subcontractors shall be properly licensed and regulated by the Contractors State License Board, 0000 Xxxxxxxx Xxxx Xxxxx, Xxxxxxxxxx, Xxxxxxxxxx 00000 (Post Office Box 26000, Sacramento, California 95826), xxxx://xxx.xxxx.xx.xxx.
6.1.3 As required by law, Developer and all Subcontractors shall be properly registered as public works contractors by the Department of Industrial Relations at xxxxx://xxxxxxx.xxx.xx.xxx/PWCR/ActionServlet?action=displayPWCRegistrationForm or current URL.
6.1.4 Developer represents that Developer and all Subcontractors shall not be presently debarred, suspended, proposed for disbarment, declared ineligible or excluded pursuant to either Labor Code section 1777.1 or Labor...
Status of Developer. 6.1.1 Developer is and shall at all times be deemed to be an independent contractor and shall be wholly responsible for the manner in which it and its Subcontractors perform the services required of it by the Contract Documents. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between the District, or any of the District's employees or agents, and Developer or any of Developer’s Subcontractors, agents or employees. Developer assumes exclusively the responsibility for the acts of its agents and employees as they relate to the services to be provided during the course and scope of their employment. Developer, its Subcontractors, and its agents and employees shall not be entitled to any rights or privileges of District employees. District shall be permitted to monitor Developer’s activities to determine compliance with the terms of the Contract Documents.
6.1.2 As required by law, Developer and all Subcontractors shall be properly licensed and regulated by the Contractors State License Board, 9821 Business Park Drive, Sacramento, California 95827 (Post Office Box 26000, Sacramento, California 95826), xxxx://xxx.xxxx.xx.xxx.
6.1.3 As required by law, Developer and all Subcontractors shall be properly registered as public works contractors by the Department of Industrial Relations at xxxxx://xxxxxxx.xxx.xx.xxx/PWCR/ActionServlet?action=displayPWCRegistration Form or current URL.
6.1.4 Developer represents that it has no existing interest and will not acquire any interest, direct or indirect, which could conflict in any manner or degree with the performance of Work required under this Contract and that no person having any such interest shall be employed by Developer.
Status of Developer. 6.1.1. Developer is and shall at all times be deemed to be an independent contractor and shall be wholly responsible for the manner in which it and its Subcontractors perform the services required of it by the Contract Documents. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between the District, or any of the District's employees or agents, and Developer or any of Developer’s Subcontractors, agents or employees. Developer assumes exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the course and scope of their employment. Developer, its Subcontractors, agents, and its employees shall not be entitled to any rights or privileges of District employees. District shall be permitted to monitor the Developer’s activities to determine compliance with the terms of this Contract.
6.1.2. As required by law, Developer and all Subcontractors shall be properly licensed and regulated by the Contractors State License Board, 0000 Xxxxxxxx Xxxx, Post Office Box 2600, Sacramento, California 98826, xxxx://xxx.xxxx.xx.xxx.
Status of Developer. 5.1.1 Developer is and shall at all times be deemed to be an independent contractor and shall be wholly responsible for the manner in which it and its Subcontractors perform the services required of it by the Contract Documents. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between the District, or any of the District's employees or agents, and Developer or any of Developer’s Subcontractors, agents or employees. Developer assumes exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the course and scope of their employment. Developer, its Subcontractors, agents, and its employees shall not be entitled to any rights or privileges of District employees. District shall be permitted to monitor the Developer’s activities to determine compliance with the terms of the Contract Documents.
5.1.2 As required by law, Developer and all Subcontractors shall be properly licensed and regulated by the Contractors State License Board, 0000 Xxxxxxxx Xxxx, Post Office Box 0000, Xxxxxxxxxx, Xxxxxxxxxx 00000, xxxx://xxx.xxxx.xx.xxx.
Status of Developer. The Developer acknowledges and accepts that:
(a) it is not a Utility Operator under the Code and does not have any right to enter or undertake any works or other activities within the Road (and will not have an automatic right of access under this Agreement) and, as a result:
(i) the Developer requires the authorisation of AT to enter into the Road and to undertake and maintain the Works;
(ii) any right of the Developer under this Agreement is subject to the rights and obligations of AT and Utility Operators under the Code or at law;
(iii) acknowledges and accepts that AT cannot, and is not obliged to, require any Utility Operator to comply with the Code in relation to the Developer or the Works;
(iv) to the extent that the Code is applied by this Agreement, the provisions of this Agreement prevail over the provisions of the Code;
(b) it is responsible for obtaining and complying with, and bears all risk in relation to, any Approval required for the Works, including the maintenance of the Works;
(c) the entry into of this Agreement by AT does not constitute approval or other acceptance of the Works or access to the Road by AT in its capacity as the road controlling authority or otherwise.
Status of Developer. Until such time as the completion of the development, the following provisions shall apply in addition to the conditions in these presents:
41.1 The Developer shall be entitled:
41.1.1 to remain the sole trustee/chairman of the Association until completion of the development, but reserves the right to also nominate and appoint a pro rata proportion of the trustees to the Board, such proportion being the same proportion as exists between the total number of all the xxxxx and the total number of all the xxxxx of which the Developer is the registered Owner at the relevant time, subject to the provision that until completion of the development has been achieved, the Developer shall always be entitled to appoint at least one trustee to the Board;
41.1.2 At a meeting of the Members, the Developer shall hold a number of votes equal to the number of properties owned at the time of voting plus an amount of votes equal to 50% (fifty percent) of the xxxxx sold, whether such vote is by show of hands or poll. At a meeting of the trustees, the Developer (as the chairman of the trustees) will have an amount of votes equal to the total number of trustees appointed, whether such vote is by poll or show of hands;
41.1.3 To require that the trustee committee enforces the rights granted to it in terms of these presents against any Member or Sub-Member who, in the opinion of the Developer, is not complying with his obligations as a Member or Sub-Member, and in particular, within restricting the finality of the a foregoing, has failed to maintain all building and other improvements on its property by giving such Member or Sub- Member written notice in which his failure to comply with the particular provisions of these presents is detailed and calling upon him to remedy such failure within a prescribed period of not more than 30 (thirty) days; failing which, the Developer shall be entitled at the sole cost of that Member or Sub-Member to carry out all such work as may be required to maintain such building and other improvement on its property;
41.1.4 to erect such signage, flagpoles, messages and/or other forms of notices or advertising on the development including the private open spaces and private streets, the private road area and/or the exterior walls (if any) of the development, subject to the regulations and by-laws of Local Authority pertaining to signage from time to time;
41.1.5 to further develop land adjacent to the development, during and after the development perio...
Status of Developer. 6.1.1 Developer is and shall at all times be deemed to be an independent contractor and shall be wholly responsible for the manner in which it and its Subcontractors perform the services required of it by the Contract Documents. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between the District, or any of the District's employees or agents, and Developer or any of Developer’s Subcontractors, agents or employees. Developer assumes exclusively the responsibility for the acts of its agents and employees as they relate to the services to be provided during the course and scope of their employment. Developer, its Subcontractors, and its agents and employees shall not be entitled to any rights or privileges of District employees. District
6.1.2 As required by law, Developer and all Subcontractors shall be properly licensed and regulated by the Contractors State License Board, 0000 Xxxxxxxx Xxxx Xxxxx, Xxxxxxxxxx, Xxxxxxxxxx 00000 (Post Office Box 26000, Sacramento, California 95826), xxxx://xxx.xxxx.xx.xxx.
6.1.3 As required by law, Developer and all Subcontractors shall be properly registered as public works contractors by the Department of Industrial Relations at xxxxx://xxxxxxx.xxx.xx.xxx/PWCR/ActionServlet?action=displayPWCRegistrationFor m or current URL.
6.1.4 Developer represents that Developer and all Subcontractors shall not be presently debarred, suspended, proposed for disbarment, declared ineligible or excluded pursuant to either Labor Code section 1777.1 or Labor Code section 1777.7.
6.1.5 [Reserved]
6.1.6 Developer represents that it has no existing interest and will not acquire any interest, direct or indirect, which could conflict in any manner or degree with the performance of Work required under this Contract and that no person having any such interest shall be employed by Developer.
6.1.7 [Reserved]
6.1.8 If Developer intends to make any change in the name or legal nature of Developer’s entity, Developer must first notify the District in writing prior to making any contemplated change. The District shall determine in writing if Xxxxxxxxx’s intended change is permissible while performing this Contract.
Status of Developer. XXXX and Xxxxxxxxx acknowledge and agree that Developer is acting as an independent en- tity accessing and using the MIRA property in exchange for the payments specified in Sec- tion 3 of this Development Agreement. Nothing in this Development Agreement shall be construed or interpreted as Xxxxxxxxx performing work for XXXX, creating a partnership, a joint venture, an agency, a master-servant relationship, an employer-employee relationship or any other relationship between XXXX and Developer other than that of a property owner and an independent developer. Developer is expressly forbidden from transacting any business in the name of or on account of MIRA, and Developer has no power or authority to assume or create any obligation or responsibility for or on behalf of MIRA in any manner whatsoever.
Status of Developer. 6.1.1 Developer is and shall at all times be deemed to be an independent contractor and shall be wholly responsible for the manner in which it and its Subcontractors perform the services required of it by the Contract Documents. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between the District, or any of the District's employees or agents, and Developer or any of Developer’s Subcontractors, agents or employees. Developer assumes exclusively the responsibility for the acts of its agents and employees as they relate to the services to be provided during the course and scope of their employment. Developer, its Subcontractors, and its agents and employees shall not be entitled to any rights or privileges of District employees. District shall be permitted to monitor the Developer’s activities to determine compliance with the terms of the Contract Documents.
6.1.2 As required by law, Developer and all Subcontractors shall be properly licensed and regulated by the Contractors State License Board, 9821 Business
6.1.3 As required by law, Developer and all Subcontractors shall be properly registered as public works contractors by the Department of Industrial Relations at xxxxx://xxxxxxx.xxx.xx.xxx/PWCR/ActionServlet?action=displayPWCRegistration Form or current URL.
6.1.4 Developer represents that it has no existing interest and will not acquire any interest, direct or indirect, which could conflict in any manner or degree with the performance of Work required under this Contract and that no person having any such interest shall be employed by Developer.
Status of Developer. Developer and the City acknowledge that Developer is acting under this Agreement solely as an independent contractor and not as a partner, joint venture, or employee of the City. Developer’s obligation to commence the construction phase of the Project (as outlined in Exhibit C) shall be subject to the satisfaction of the following condition precedent: the delivery by Developer to City of written notice that the Board of Directors of Xxxx MGP, Inc., a Delaware corporation, the managing general partner of Xxxx Resources, which are the direct and indirect owners of Olympic Property Group I LLC, the manager of Developer, has approved the costs identified as Site Engineering, Construction, and Development in Exhibit C Cost Proforma of the Project under this Agreement. If Developer does not deliver written notice to City of the satisfaction of this condition precedent, it shall be deemed not satisfied, and Developer shall have no further duties, obligations, or liabilities under this Agreement.[MT19]
