Common use of Using our Funding Clause in Contracts

Using our Funding. 2.1 We have no obligation to provide any additional funding for the Role and you have no expectation of the same. 2.2 You must use our funding only to meet reasonable costs of employing the Journalist that are specified in the Budget. Subject to this Agreement, you must use all other funds secured for the Role in accordance with any agreement for the provision of those funds. 2.3 If our funding has been spent before the end of the Term, you will ensure sufficient additional funding is obtained to employ the Journalist(s) for the remainder of the Term in accordance with this Agreement. 2.4 We have no liability to you, or any third party, as a result of, or in any way in connection with, this Agreement or the employment of the Journalist except only to the extent we have failed to pay an instalment of funding without reasonable excuse. You agree to indemnify us and keep us indemnified against all actions, claims, proceedings, costs (including legal costs and expenses properly incurred), damages, charges, losses, expenses, demands or liabilities brought against, suffered or incurred by us as a result of any liability to the Journalist owing to the Journalist’s and Recipient’s employment relationship; 2.5 You must perform your obligations under this Agreement: (a) promptly with due diligence, care and skill; and (b) with appropriately skilled, qualified, experienced and supervised personnel; and (c) to the standard expected of a good employer operating a first-class quality newsroom. 2.6 You are not relieved of any obligation under this Agreement by subcontracting or delegating it to any third party (such as a recruitment agent), whether directly or indirectly. You are responsible for the acts and omissions of any such third party, as if they were your own acts or omissions.

Using our Funding. 2.1 We have no obligation to provide any additional funding for the Role and you have no expectation of the same. 2.2 You must use our funding only to meet reasonable costs of employing engaging the Journalist that are specified in the Budget. Subject to this Agreement, you must use all other funds secured for the Role in accordance with any agreement for the provision of those funds. 2.3 If our funding has been spent before the end of the Term, you will ensure sufficient additional funding is obtained to employ engage the Journalist(s) for the remainder of the Term in accordance with this Agreement. 2.4 You agree that the Journalist will be engaged by you as an independent contractor and not an employee. If, despite express agreement to the contrary, the relationship between the Journalist and Recipient is construed as one of employee/employer, you will be solely responsible for any additional payments due to the Journalist in the nature of unpaid PAYE tax or accident compensation levies, KiwiSaver contributions, holiday pay, sick pay or another similar payment. We will not be held responsible or liable for any additional payments, nor may the Funding be used in this regard. 2.5 We have no liability to you, or any third party, as a result of, or in any way in connection with, this Agreement or the employment engagement of the Journalist except only to the extent we have failed to pay an instalment of funding without reasonable excuse. You agree to indemnify us and keep us indemnified against all actions, claims, proceedings, costs (including legal costs and expenses properly incurred), damages, charges, losses, expenses, demands or liabilities brought against, suffered or incurred by us as a result of any liability to the Journalist owing to the Journalist’s and Recipient’s employment relationship; 2.5 2.6 You must perform your obligations under this Agreement: (a) promptly with due diligence, care and skill; and (b) with appropriately skilled, qualified, experienced and supervised personnel; and (c) to the standard expected of a good employer operating a first-class quality newsroom. 2.6 2.7 You are not relieved of any obligation under this Agreement by subcontracting or delegating it to any third party (such as a recruitment agent), whether directly or indirectly. You are responsible for the acts and omissions of any such third party, as if they were your own acts or omissions.