Examples of Coal Consultant in a sentence
Coal Consultant and its officers and employees, including its Authorized Representative, are not employees, agents, servants or representatives of Producer.
Appointment. Producer hereby appoints Coal Consultant, and Coal Consultant hereby accepts such appointment, to act as an independent contractor to provide the Services to Producer throughout the Term, but only to the extent such Services are to be performed on the Site or in respect of the Facility, coal, Producer Coal, Refined Coal or Resold Coal as contemplated in the Project Documents.
Coal Consultant acknowledges that Operator shall be permitted to act on behalf of Producer under this Agreement in connection with the performance of such services for Producer.
Coal Consultant and its Authorized Representative shall have no authority and shall not represent that they have the authority, to execute any agreements or other documents on behalf of Producer, or to assume, incur or undertake any obligation in the name of or for the account of Producer.
In the absence of any written Notice to the contrary given by Producer to Coal Consultant, (a) Coal Consultant shall be entitled to rely on any deliverable or communication given to it by Operator as if it were a deliverable or communication given by Producer, and (b) Producer shall be deemed to have received any deliverable or communication given by Coal Consultant to Operator; provided, however, that the foregoing shall not apply to Notices, which must be delivered as set forth in Section 12.5.
Operator. Coal Consultant acknowledges that Producer has retained Operator to operate and maintain the Facility on behalf of Producer on a day-to-day basis, subject to Producer’s oversight.
Producer, its Operator, its Authorized Representative and its other representatives shall have no authority and shall not represent that they have the authority, to execute any agreements or other documents on behalf of Coal Consultant, or to assume, incur or undertake any obligation in the name of or for the account of Coal Consultant.
Coal Consultant will be the exclusive provider of such Services to Producer during the Term; provided, however, that Coal Consultant will be free to provide the same or similar services for its own account or the account of its Affiliates or other Persons without obligation to Producer.
Consistent with the foregoing, neither Producer nor Operator will be entitled to retain any other Person to perform any of the Services or any similar services to them on the Site, nor shall they be entitled to perform the Services or any similar services for the account of Producer, so long as Coal Consultant is tendering the Services to Producer in accordance with this Agreement.
Independent Contractor. Coal Consultant (including its Authorized Representative) is an independent contractor in all aspects with respect to its duties and obligations under this Agreement.