Common use of Statutory Employer Clause in Contracts

Statutory Employer. In all cases where SIMETRY’s employees (defined to include SIMETRY’s or its subcontractor’s direct, borrowed, special, or statutory employees) are covered by the Louisiana Workers' Compensation Act, La. R.S. 23:1021 et seq., Customer and SIMETRY agree that all work and operations performed by SIMETRY and its employees pursuant to this Agreement are an integral part of and are essential to the ability of Customer to generate Customer’s goods, products and services for purposes of La. R.S. 23:1061(A)(1). Furthermore, Customer and SIMETRY agree that Customer is the statutory employer or special employer (as defined in La. R.S. 23:1031(C)) of SIMETRY’s employees, but SIMETRY shall remain primarily responsible for the payment of Louisiana Workers' Compensation benefits to its employees, and shall not be entitled to seek contribution for any such payments from Customer or its insurers. SIMETRY agrees that its worker's compensation insurance and employer's liability insurance policies shall be endorsed to designate Customer as an alternative employer and as a principal and statutory employer or borrowing employer and shall be further endorsed to waive unconditionally those underwriter's or insurer's rights of subrogation against Customer.

Statutory Employer. In all cases where SIMETRY’s StallionRents’ employees (defined to include SIMETRY’s StallionRents’ or its subcontractor’s direct, borrowed, special, or statutory employees) are covered by the Louisiana Workers' Compensation Act, La. R.S. 23:1021 et seq., Customer and SIMETRY StallionRents agree that all work and operations performed by SIMETRY StallionRents and its employees pursuant to this Agreement are an integral part of and are essential to the ability of Customer to generate Customer’s goods, products and services for purposes of La. R.S. 23:1061(A)(1). Furthermore, Customer and SIMETRY StallionRents agree that Customer is the statutory employer or special employer (as defined in La. R.S. 23:1031(C)) of SIMETRY’s StallionRents’ employees, but SIMETRY StallionRents shall remain primarily responsible for the payment of Louisiana Workers' Compensation benefits to its employees, and shall not be entitled to seek contribution for any such payments from Customer or its insurers. SIMETRY StallionRents agrees that its worker's compensation insurance and employer's liability insurance policies shall be endorsed to designate Customer as an alternative employer and as a principal and statutory employer or borrowing employer and shall be further endorsed to waive unconditionally those underwriter's or insurer's rights of subrogation against Customer.