Relationship of the Parties Contract Clauses (258)

Relationship of the Parties. 4.1 Consultant is an independent contractor of the Company, and this Agreement shall not be construed to create any association, partnership, joint venture, employee, or agency relationship between Consultant and the Company, or between you and the Company, for any purpose. 4.2 Without limiting Section 4.1, neither you nor any of Consultant's principals or agents will be eligible to participate in any vacation, group medical or life insurance, disability, profit sharing or retirement benefits, o...r any other fringe benefits or benefit plans offered by the Company to its employees, and the Company will not be responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including for unemployment or disability, or obtaining workers' compensation insurance on behalf or Consultant or on behalf of you. View More

Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, franchise, business opportunity, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venture, or agent of the other and shall not bind nor attempt to bind the other to any contract. Consultant is an independent contractor and is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including, but not limited to, workers' compensation insurance. Consultant understands that ...he shall not be eligible to participate in the Company's health benefit plans. View More

Relationship of the Parties. Nothing contained in this Lease shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent, partnership, or joint venture between the parties hereto, it being understood and agreed that no provision contained in this Lease nor any acts of the parties hereto shall be deemed to create any relationship other than the relationship of landlord and tenant.

Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of this Agreement each Party shall be and act as an independent contractor and shall neither bind nor attempt to bind the other Party in any manner.

Relationship of the Parties. Global is retained by the Company only for the purposes and to the extent set forth in this Agreement, and shall serve the Company solely as an independent contractor. Global shall have no authority to enter into agreements or commitments on behalf of the Company or to bind the Company in any respect, except as expressly authorized in writing by the Company. Global shall not be entitled to receive any payments from the Company by way of compensation, expenses, reimbursements or otherwise in resp...ect of the Services, except for the reimbursement to be paid as set forth herein. Nothing contained herein shall be construed as making either Party, or any of its employees, an employee, officer, director or owner of any other Party hereto. View More

Relationship of the Parties. Nothing contained in this Amended Material Supply Agreement shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent, partnership, or joint venture between the parties hereto, it being understood and agreed that no provision contained in this Amended Material Supply Agreement nor any acts of the parties hereto shall be deemed to create any relationship other than the relationship of supplier and customer.

Relationship of the Parties. 3.1 The Service Provider and the Service Recipients are each independent contractors and not joint venturers, partners, agents, or representatives of the other. The Service Provider shall perform the Services for the Service Recipients under this Agreement as an independent contractor and neither the Service Provider nor its employees, subcontractors or agents shall be deemed to be agents, servants or employees of either of the Service Recipients, nor shall the Service Provider and any of the Se...rvice Recipients be deemed or construed solely by this Agreement to be partners or joint venturers. The Service Provider shall have exclusive control over the direction and conduct of its employees in carrying out the activities required under this Agreement. 3.2 Neither the Service Provider nor its employees, subcontractors or agents shall have the authority to (i) negotiate the terms of or execute contracts and agreements of either of the Service Recipients (including letters of intent, even if non-binding), provided the Service Provider may suggest incorporating certain non-core agreement terms within the parameters and guidelines provided by the applicable Service Recipient; (ii) hire personnel for either of the Service Recipients; (iii) exercise binding authority with respect to the operations of either of the Service Recipients; (iv) make binding recommendations to either of the Service Recipients; (v) make decisions or have decision-making rights with respect to either of the Service Recipients; (vi) hold itself out as representing either of the Service Recipients or as having the authority to negotiate the terms of or conclude contracts on behalf of either of the Service Recipients or (vii) perform services for either of the Service Recipients that are not covered by this Agreement. 3.3 The Service Provider and its employees, subcontractors or agents shall have the authority to (i) provide advice, assistance, direction and recommendations to the Service Recipients with respect to the operation of MSL; (ii) make recommendations on key points of contracts, without having the power to negotiate the terms of or conclude contracts or agreements on behalf of either of the Service Recipients; (iii) participate in discussions on contracts and agreements; (iv) arrange transactions between a Service Recipient and other parties, provided that the Service Provider does not make any actual decisions or participate in substantive activities, such as negotiations with respect to the terms of such transactions, provided the Service Provider may suggest incorporating certain non-core agreement terms within the parameters and guidelines provided by the applicable Service Recipient; and (v) contact banks in connection with raising capital for the Service Recipient, without having, in any circumstance, the power to negotiate the terms of or conclude contracts or agreements on behalf of either of the Service Recipients in connection with raising capital for MSL. 3.4 Engagement of Third Parties. The Service Provider may, with the prior consent of the applicable Service Recipient, engage such persons, corporations, or other entities as it reasonably deems necessary for the purpose of performing Services under this Agreement; provided, however, that the Service Provider shall remain responsible for the performance of all such Services and shall be considered to engage with such persons, corporations, or other entities in its own name and on its own behalf. View More

Relationship of the Parties. 14.1 No Partnership. This Agreement shall not be deemed to constitute any party, in its capacity as such, the partner, agent or legal representative of any other party, or to create any joint venture, partnership, mining partnership or other partnership relationship between the parties. 14.2 Competition. Except as expressly provided in this Agreement, each party shall have the free and unrestricted right independently to engage in and receive the full benefits of any and all business endeavors o...f any sort outside the Property or outside the scope of this Agreement, whether or not competitive with the endeavors contemplated under this Agreement, without consultation with or participation of the other party. In particular, without limiting the foregoing, neither party to this Agreement shall have any obligation to the other as to any opportunity to acquire any interest, property or right offered to it outside the scope of this Agreement. View More

Relationship of the Parties. The parties are independent contractors and the relationship established between Fiagon and Distributor by this Agreement is that of a supplier to its distributor. Distributor shall be solely responsible for all costs incurred by Distributor in connection with sale of the Products, including facility, employee, travel, tax and employee costs, except that Fiagon shall be solely responsible for all taxes typically assessed on the manufacturer or importer of the Products (including the Medical Devi...ce Excise Tax). Distributor shall be entitled to price the Products as it sees fit. While Fiagon has an interest in the ultimate result of Distributor's sales efforts, it shall not dictate the specific manner in which Distributor conducts its day-to-day affairs. Distributor is not an agent, partner, joint venturer or franchisee of Fiagon. Distributor has no authority to bind Fiagon, transact any business in Fiagon's name or on its behalf in any manner, or make any promises or representations on behalf of Fiagon. The employees and agents of Distributor are not for any purpose the employees or agents of Fiagon, nor are employees and agents of Fiagon the employees or agents of Distributor for any purpose. [***] Indicates portions of this exhibit that have been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. 12 10. Force Majeure. Neither party will be liable for any failure to perform its obligations under this Agreement, if due to any cause beyond the reasonable control of the non-performing party including, without limitation, natural disasters, war, strikes, import restrictions, or legal or regulatory prohibitions. View More