Common use of Successful Respondent Personnel Are Not State, DIR or DIR Customer Employees Clause in Contracts

Successful Respondent Personnel Are Not State, DIR or DIR Customer Employees. The Parties intend to create an independent contractor relationship and nothing in this Agreement shall operate or be construed as making the State, DIR, any DIR Customer and Successful Respondent partners, joint venturers, principals, joint employers, agents or employees of or with the other. No officer, director, employee, agent, affiliate, contractor or subcontractor retained by Successful Respondent to perform work hereunder shall be deemed to be an officer, director, employee, agent, affiliate, contractor or subcontractor of the State, DIR or any DIR Customer for any purpose. Successful Respondent, not the State, DIR or the DIR Customers, has the right, power, authority and duty to supervise and direct the activities of the Successful Respondent Personnel and to compensate such Successful Respondent Personnel for any work performed by them hereunder. Successful Respondent, and not the State, DIR or the DIR Customers, shall be responsible and therefore solely liable for all acts and omissions of Successful Respondent Personnel associated or related in any manner with this Agreement, the Services, DIR Facilities, Successful Respondent Facilities, DIR Confidential Information, or Equipment, including acts and omissions constituting negligence, gross negligence, willful misconduct and/or fraud.

Successful Respondent Personnel Are Not State, DIR or DIR Customer Employees. The Parties intend to create an independent contractor relationship and nothing in this Agreement shall operate or be construed as making the State, DIR, any DIR Customer and Successful Respondent partners, joint venturers, principals, joint employers, agents or employees of or with the other. No officer, director, employee, agent, affiliate, contractor or subcontractor retained by Successful Respondent to perform work hereunder shall be deemed to be an officer, director, employee, agent, affiliate, contractor or subcontractor of the State, State DIR or any DIR Customer for any purpose. Successful Respondent, not the State, DIR or the DIR Customers, has the right, power, authority and duty to supervise and direct the activities of the Successful Respondent Personnel personnel and to compensate such Successful Respondent Personnel personnel for any work performed by them hereunder. Successful Respondent, and not the State, DIR or the DIR Customers, shall be responsible and therefore solely liable for all acts and omissions of Successful Respondent Personnel personnel associated or related in any manner with this Agreement, the Services, DIR Facilities, Successful Respondent Facilities, DIR Confidential Information, or Equipment, including acts and omissions constituting negligence, gross negligence, willful misconduct and/or fraud. For purposes of this Agreement, a party’s “Facilities” are those facilities owned, operated or controlled by the corresponding party.