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.
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.
Status of Developer. The Developer acknowledges and accepts that:
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. The parties intend that DEVELOPER, in performing the services hereinafter specified, shall act as an independent contractor and shall have the control of the work and the manner in which it is performed. DEVELOPER is not to be considered an agent or employee CITY and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits CITY provides its employees.
Status of Developer. In the performance of its duties, obligations, and Services under this Agreement, Developer is, and shall at all times during the term of this Agreement be, an independent contractor, and not an employee of Owner. Developer shall act solely as a representative of Owner in the performance of its duties, obligations, and Services under this Agreement. Nothing contained in this Agreement shall constitute or be deemed or construed to create a common-law partnership or joint venture between Owner and 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]
Status of Developer. Developer is not an employee of Client for any purpose whatsoever, but is an independent contractor. Client is interested only in the results obtained by Developer, who shall have the sole control of the manner and means of performing under this Agreement. Client shall not have the right to require Developer to do anything which would jeopardize the relationship of independent contractor between Developer and Client. All expenses and disbursements, including, but not limited to, those for travel and maintenance, entertainment, office, clerical, and general expenses, that may be incurred by Developer in connection with this Agreement shall be paid completely and completely by Developer, and Client shall not be responsible or liable therefore. Developer does not have, nor shall it hold itself out as having, any right, power or authority to create any contract or obligation, either express or implied, on behalf of, in the name of, or obligating Client, or to pledge Client's credit, or to extend credit in Client's name unless Client shall consent thereto in advance in writing. Developer agrees it is not entitled to the rights or benefits afforded to Client's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Developer is responsible for providing, at its own expense, disability, unemployment, and other insurance, workers' compensation, training, permits and licenses for itself and for its employees and subcontractors.
Status of Developer. A. It is understood and agreed by all the parties hereto that no relationship of employer- employee exists between the County and Developer. Neither Developer nor Developer’s assigned personnel shall be entitled to any benefits payable to employees of the County. Developer hereby indemnifies and holds the County harmless from any and all claims that may be made against the County based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement or any services provided pursuant to this Agreement.
Status of Developer