Status as Independent Contractor Clause Example from Business Contracts
This example Status as Independent Contractor clause appears in
5 contracts
from
4 companies
Status as Independent Contractor. Each Advisor shall perform its services as an independent contractor and not as an employee of the Company or affiliate thereof. It is expressly understood and agreed to by the parties that no Advisor shall have authority to act for, represent or bind the Company or any affiliate thereof in any manner, except as may be expressly agreed to by the Company in writing. In rendering such services, the Advisors will be acting solely pursuant to a contractual relationship on an arm's-length basis. This... Agreement is not intended to create a fiduciary relationship between the parties and neither the Advisors nor any of the Advisors' officers, directors or personnel will owe any fiduciary duty to the Company or any other person in connection with any of the matters contemplated by this Agreement. 3 8. Potential Conflicts. The Company acknowledges that the Advisors are full-service securities firms engaged in securities trading and brokerage activities and providing a wide range of investment banking and advisory services from which conflicting interests may arise. Certain affiliates of Moelis are engaged in asset management and other activities for their own account and otherwise. In the ordinary course of business, each Advisor and its affiliates may at any time hold long or short positions, and may trade or otherwise effect transactions, for their own account or the accounts of customers, in debt or equity securities of the Company, its affiliates or other entities that may be involved in the transactions contemplated hereby. Nothing in this Agreement shall be construed to limit or restrict any Advisor or any of its affiliates in conducting such business. The Advisors and their affiliates may have interests that differ from the Company's interests. The Advisors and their affiliates have no duty to disclose to the Company, or use for the Company's benefit, any information acquired in the course of providing services to any other party, engaging in any transaction or carrying on any other businesses.View More
