THE RELATIONSHIP BETWEEN THE PARTIES. 3.1 Each of the Parties acknowledges and agrees that nothing in this Agreement shall be deemed to create a partnership, joint venture or agency relationship between the Parties or be deemed to authorise either Party to incur any liabilities or obligations on behalf of or in the name of the other.
3.2 Neither the relationship between the Parties, nor the services provided by IPSX, nor any other aspect of this Agreement shall give rise to any fiduciary or equitable duties on the part of any of the parties.
3.3 IPSX provides access to IPSX equally to each Counterparty and has no level of responsibility to any one person (including the Counterparty) over any other Counterparty.
THE RELATIONSHIP BETWEEN THE PARTIES. 15.1. Nothing in this Contract constitutes a legal relationship between the Parties of partnership, joint venture, agency, or employment. The Provider is responsible for his or her own salary, wages, holiday or redundancy payments, and for such payments to his or her personnel. This includes any GST, corporate, personal and withholding taxes, ACC premiums or other levies attributable to the provision of the Legal Aid Services or Specified Legal Services.
15.2. The Provider is responsible for payment of any fees, expenses and Disbursements claimed by any Supervised Providers who have provided Legal Aid Services or Specified Legal Services on behalf of the Provider under an Accepted Assignment or from any other subcontractors engaged by the Provider.
15.3. Both Parties will act in good faith in the exercise of their rights and the performance of their obligations under this Contract.
15.4. Neither Party has authority to bind or represent the other Party in any way or for any purpose.
15.5. The Secretary and the Provider will, at all times, conduct dealings with integrity, respect, and courtesy.
THE RELATIONSHIP BETWEEN THE PARTIES. 9.1. Except as expressly set forth herein, nothing contained herein may be construed as limiting, to any extent, a party's discretion with regard to the utilization of its property.
9.2. Nothing contained in this Agreement will be considered or construed as creating a partnership or joint venture or the relationship of principal and agent, or of employer and employee between the parties, and neither party will have the right, power or authority to obligate or bind the other in any manner whatsoever, except as expressly stated herein or otherwise agreed in writing.
THE RELATIONSHIP BETWEEN THE PARTIES. 4.2.1. Relationship between lessor and lessee
4.2.1.1. The selection of the thing to be bought by the lessor, and subsequently become the object of the lease, is made by the future lessee.
4.2.1.2. The lessee is obliged to pay the agreed rent to the lessor at the time periods agreed upon, usually every three or six months [8].
4.2.1.3. During the entire duration of the contract, the lessee is obliged to maintain the thing leased suitable for the agreed use and bear all the relevant expenses.
4.2.1.4. The lessee is liable for chance damage, destruction, or loss of the thing leased. Consequently, in case of damage, the lessee is obliged to repair it at his expense and in case of destruction or loss to replace it with another of equal value without being released from his obligation to continue paying rent.
4.2.1.5. The lessee is obliged to insure the thing against the risk of chance destruction or deterioration.
4.2.1.6. The lessor assigns to the lessee the claims he has against the supplier from the sale contract.
4.2.1.7. Finally, what is characteristic of this type of leasing contract is that there is an agreement between the lessor and the lessee that, at the expiration of the leasing contract, the latter has the right to either purchase the thing leased or renew the leasing contract for a fixed period of time.
4.2.2. Relationship between lessor and supplier
4.2.3. Relationship between lessee and supplier
THE RELATIONSHIP BETWEEN THE PARTIES. Section 8 The employer party in individual agencies
1. The employer in the individual agency is the administrative unit with responsibility for processing matters subject to the Basic Agreement or adjustment agreement. Negotiations must take place at the level of the employer that has the authority to conclude agreements concerning the matter being processed.
2. The parties on the employer side may vary according to the matter concerned but, when a matter is negotiated, the representative concerned must have the necessary authority to bind the employer, cf. section 13 (1). When matters as mentioned in the Basic Agreement or adjustment agreement shall be processed by a board or collegiate governing body, the parties have the same rights and duties as otherwise, however, cf. the next paragraph. This applies even if the body has been granted its terms of reference or authority by or pursuant to a statute, regulations or a royal decree. A matter may not be resolved according to the rules laid down in section 17 or other dispute resolution rules if provisions laid down in or pursuant to a statute, regulation or royal decree have assigned to the body the sole responsibility for making a decision in the matter (exclusive competence). For practical reasons, collegiate governing bodies should grant the director, manager or equivalent person or a negotiation delegation the authority to discuss and/or negotiate.
Section 9 The employee party in the individual agency
1. The employee party in the individual agency consists of
a) those unions affected by a matter, in which at least 10 per cent of the employees in the agency/operational unit/work area concerned are organized.
b) unions belonging to the same confederation may combine their membership registers in order to reach the 10 per cent minimum.
c) Each of the confederations that has members in the agency/operational unit/work area is nevertheless required to nominate a representative with rights pursuant to the adjustment agreement corresponding to those of the other elected union representatives, regardless of whether these unions fulfil the 10 per cent minimum membership requirement. At agency level, the confederations must have at least two members. Pursuant to this provision, the provision of section 33 concerning assistance from other employees shall not apply to elected union representatives. Nor shall this function provide an independent basis for granting of leave pursuant to section 34 (1).
2. The unions a...
