Common use of Statutory Employees for Purposes of Louisiana Worker’s Compensation Act Clause in Contracts

Statutory Employees for Purposes of Louisiana Worker’s Compensation Act. In all cases where Contractor’s employees (defined to include the direct, borrowed, special, or statutory employees of Subcontractor and Sub-subcontractors) are performing Work in or offshore the state of Louisiana or are otherwise covered by the Louisiana Workers’ Compensation Act, La. R.S. 23:1021, et seq., Owner and Contractor agree that the Work performed by Contractor, Subcontractors, Sub-subcontractors, and Contractor’s, Subcontractors’, and Sub-subcontractors’ employees pursuant to this Agreement are an integral part of and are essential to the ability of Owner to generate Owner’s goods, products, and work for the purpose of La. R.S. 23:1061(a)(1). Furthermore, Owner and Contractor agree that Owner is the statutory employer of Contractor’s, Subcontractors’, and Sub-subcontractors’ employees for purposes of La. R.S. 23:1061(a)(3), and that Owner shall be entitled to the protections afforded a statutory employer under Louisiana law. Regardless of Owner’s status as the statutory or special employer (as defined in La. R.S. 23:1031(c)) of the employees of Owner, Subcontractors, or Sub-subcontractors, and regardless of any other relationship or alleged relationship between such employees and Owner, Contractor shall be and remain at all times primarily responsible for the payment of all workers’ compensation and medical benefits to Contractor’s, Subcontractors’ and Sub-subcontractors’ employees, and neither Contractor, nor its Subcontractors and Sub-subcontractors, nor their respective insurers or underwriters shall be entitled to seek contribution or indemnity for any such payments from Owner or any other member of the Owner Indemnified Parties. Notwithstanding the foregoing, under no circumstances shall this Section 16.4C be interpreted to relieve Contractor from its full responsibility and liability to Owner under this Agreement for the employees of Contractor or its Subcontractors and Sub-subcontractors (whether or not such employees are a statutory, special or borrowed employee, or otherwise), including Contractor’s obligations to defend, indemnify and hold harmless Owner Indemnified Parties from and against injury or death to such employees or damage to or destruction of property of such employees, as provided in this Agreement.

Statutory Employees for Purposes of Louisiana Worker’s Compensation Act. In all cases where ContractorTANK CONTRACTOR’s employees (defined to include the direct, borrowed, special, or statutory employees of Subcontractor and Sub-subcontractorsSubsubcontractors) are performing Work in or offshore the state of Louisiana or are otherwise covered by the Louisiana Workers’ Compensation Act, La. R.S. 23:1021, et seq., Owner PURCHASER and Contractor TANK CONTRACTOR agree that the Work performed by ContractorTANK CONTRACTOR, Subcontractors, Sub-subcontractorsSubsubcontractors, and ContractorTANK CONTRACTOR’s, Subcontractors’, and Sub-subcontractorsSubsubcontractors’ employees pursuant to this Agreement Tank Contract are an integral part of and are essential to the ability of Owner PURCHASER to generate OwnerPURCHASER’s goods, products, and work for the purpose of La. R.S. 23:1061(a)(1). Furthermore, Owner PURCHASER and Contractor TANK CONTRACTOR agree that Owner PURCHASER is the statutory employer of ContractorTANK CONTRACTOR’s, Subcontractors’, and Sub-subcontractorsSubsubcontractors’ employees for purposes of La. R.S. 23:1061(a)(3), and that Owner PURCHASER shall be entitled to the protections afforded a statutory employer under Louisiana law. Regardless of OwnerPURCHASER’s status as the statutory or special employer (as defined in La. R.S. 23:1031(c)) of the employees of OwnerPURCHASER, Subcontractors, or Sub-subcontractorsSubsubcontractors, and regardless of any other relationship or alleged relationship between such employees and OwnerPURCHASER, Contractor TANK CONTRACTOR shall be and remain at all times primarily responsible for the payment of all workers’ compensation and medical benefits to ContractorTANK CONTRACTOR’s, Subcontractors’ and Sub-subcontractorsSubsubcontractors’ employees, and neither ContractorTANK CONTRACTOR, nor its Subcontractors and Sub-subcontractorsSubsubcontractors, nor their respective insurers or underwriters shall be entitled to seek contribution or indemnity for any such payments from Owner PURCHASER or any other member of the Owner Indemnified PartiesPURCHASER Group. Notwithstanding the foregoingNOTWITHSTANDING THE FOREGOING, under no circumstances shall this Section 16.4C be interpreted to relieve Contractor from its full responsibility and liability to Owner under this Agreement for the employees of Contractor or its Subcontractors and Sub-subcontractors UNDER NO CIRCUMSTANCES SHALL THIS SECTION 2.5 BE INTERPRETED TO RELIEVE TANK CONTRACTOR FROM ITS FULL RESPONSIBILITY AND LIABILITY TO PURCHASER UNDER THIS TANK CONTRACT FOR THE EMPLOYEES OF TANK CONTRACTOR OR ITS SUBCONTRACTORS AND SUBSUBCONTRACTORS (whether or not such employees are a statutoryWHETHER OR NOT SUCH EMPLOYEES ARE A STATUTORY, special or borrowed employeeSPECIAL OR BORROWED EMPLOYEE, or otherwiseOR OTHERWISE), including Contractor’s obligations to defendINCLUDING TANK CONTRACTOR’S OBLIGATIONS TO DEFEND, indemnify and hold harmless Owner Indemnified Parties from and against injury or death to such employees or damage to or destruction of property of such employeesINDEMNIFY AND HOLD HARMLESS PURCHASER GROUP FROM AND AGAINST INJURY OR DEATH TO SUCH EMPLOYEES OR DAMAGE TO OR DESTRUCTION OF PROPERTY OF SUCH EMPLOYEES, as provided in this AgreementAS PROVIDED IN GC-39.2.

Statutory Employees for Purposes of Louisiana Worker’s Compensation Act. In all cases where Contractor’s employees (defined to include the direct, borrowed, special, or statutory employees of Subcontractor and Sub-subcontractors) are performing Work in or offshore the state of Louisiana or are otherwise covered by the Louisiana Workers’ Compensation Act, La. R.S. 23:1021, et seq., Owner and Contractor agree that the Work performed by Contractor, Subcontractors, Sub-subcontractors, and Contractor’s, Subcontractors’, and Sub-subcontractors’ employees pursuant to this Agreement are an integral part of and are essential to the ability of Owner to generate Owner’s goods, products, and work for the purpose of La. R.S. 23:1061(a)(1). Furthermore, Owner and Contractor agree that Owner is the statutory employer of Contractor’s, Subcontractors’, and Sub-subcontractors’ employees for purposes of La. R.S. 23:1061(a)(3), and that Owner shall be entitled to the protections afforded a statutory employer under Louisiana law. Regardless of Owner’s status as the statutory or special employer (as defined in La. R.S. 23:1031(c)) of the employees of Owner, Subcontractors, or Sub-subcontractors, and regardless of any other relationship or alleged relationship between such employees and Owner, Contractor shall be and remain at all times primarily responsible for the payment of all workers’ compensation and medical benefits to Contractor’s, Subcontractors’ and Sub-subcontractors’ employees, and neither Contractor, nor its Subcontractors and Sub-subcontractors, nor their respective insurers or underwriters shall be entitled to seek contribution or indemnity for any such payments from Owner or any other member of the Owner Indemnified Parties. Notwithstanding the foregoing, under no circumstances shall this Section 16.4C 16.4D be interpreted to relieve Contractor from its full responsibility and liability to Owner under this Agreement for the employees of Contractor or its Subcontractors and Sub-subcontractors (whether or not such employees are a statutory, special or borrowed employee, or otherwise), including Contractor’s obligations to defend, indemnify and hold harmless Owner Indemnified Parties from and against injury or death to such employees or damage to or destruction of property of such employees, as provided in this Agreement.