AGENT’S STATUS Sample Clauses

AGENT’S STATUS. It is the Commission’s intent that the performance of Agent's services under the terms and conditions of this Agreement are that the Agent should be seen as an agent of the Commission for purposes of applying coverage under the OREGON TORT CLAIMS ACT (ORS § 30.260 et seq.). Notwithstanding the preceding sentence, State or Commission does not represent or warrant that Agent is in fact an agent of the State or the Commission or the Agent would be found to be an agent of State or the Commission by a court of competent jurisdiction. Agent agrees that both State and the Commission shall not be liable for any damages under this Agreement or for any other claims arising out of or related to a determination that Agent is not an agent of the State or the Commission. As a condition to the application of this section, Agent shall: (i) promptly report in writing any claim or occurrence that could give rise to a claim to Risk Management Division, 000 Xxxxxxx Xxxxxx X.X., Xxxxx, Xxx. (or any subsequent address of such division); and (ii) cooperate fully in the investigation and defense of any claim covered by the OREGON TORT CLAIMS ACT and otherwise comply in all respects with the OREGON TORT CLAIMS ACT. Agent acknowledges and agrees that this subsection shall have no effect with respect to acts, errors, or omissions arising out of or related to malfeasance, willful or wanton neglect of duty, acts outside the scope of work of this Agreement, or punitive damages.
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AGENT’S STATUS. From funds available in that portion of the Insurance Fund dedicated for state insurance programs, the state of Oregon, acting by and through its Department of Administrative Services (DAS), shall defend and indemnify Agent up to the limits for tort claims against the state of Oregon, as specified in ORS 30.271 and 30.273 (including the costs of defense), for all claims for torts committed or alleged to have been committed by Agent (or Agent’s employees) when performing under this Agreement. Notwithstanding the foregoing, the state of Oregon shall have no obligation to indemnify Agent to the extent the claims arise from the gross negligence or willful misconduct of Agent (or Agent’s employees) under this Agreement, acts outside the scope of work of this Agreement, or punitive damages. Subject to the monetary limits stated above, Agent is entitled to the same defense and indemnification rights afforded to qualifying agents of the Commission under ORS 30.260 to 30.300. However, none of the terms of this Agreement are intended to, and none do, make Agent an agent or employee of the Commission, DAS, or the state of Oregon generally. As a condition to the application of this section, Agent shall: (1) promptly report any such claim or occurrence that could give rise to a claim in writing to Risk Management Division, 0000 Xxxxx Xx. X.X., X000, Xxxxx, XX 00000-0000 (or any subsequent address of such division); and (2) cooperate fully in the investigation and defense of any claim.
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AGENT’S STATUS. Agent’s relationship to Patriot shall be that of an independent contractor. Nothing contained in this Agreement shall make, or be construed as making, Agent or any of its employees an employee or agent of Patriot.
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AGENT’S STATUS. From funds available in that portion of the Insurance Fund dedicated for state insurance programs, the state of Oregon, acting by and through its Department of Administrative Services (DAS), shall defend and indemnify Agent up to the limits for tort claims against the state of Oregon, as specified in ORS 30.271 and 30.273 (including the costs of defense), for all claims for torts committed or alleged to have been committed by Agent (or Agent’s employees) when performing under this Agreement. Notwithstanding the foregoing, the state of Oregon shall have no obligation to indemnify Agent to the extent the claims arise from the gross negligence or willful misconduct of Agent (or Agent’s employees) under this Agreement, acts outside the scope of work of this Agreement, or punitive damages. Subject to the monetary limits stated above, Agent is entitled to the same defense and indemnification rights afforded to qualifying agents of the Commission under ORS 30.260 to
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AGENT’S STATUS. The relationship of the parties to this Agreement shall be that of owner and agent and all duties to be performed by Agent under this Agreement shall be for and on behalf of Owner, in Owner’s name, and for Owner’s account. Agent shall at all times act as a fiduciary of Owner in connection with its duties, responsibilities, and actions pursuant to this Agreement. In taking any action under this Agreement, Agent shall be acting only as Agent for Owner and nothing in this Agreement shall be construed as creating a partnership, joint venture, or any other relationship between the parties to this Agreement except that of Owner and Agent, or as requiring Agent to bear any portion of losses arising out of or connected with the ownership or operation of the Property. Nor shall Agent at any time during the term of this Agreement be considered a direct employee of Owner. Neither party shall have the power to bind or obligate the other except as expressly set forth in this Agreement except that Agent is authorized to act with such additional authority and power as may be necessary to carry out the spirit and intent of this Agreement. Owner agrees to cooperate with Agent by providing all books, property records and pertinent information at time Agent assumes management responsibilities of the Property. Agent shall perform its duties and obligations in a professional, competent, businesslike and efficient manner
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Related to AGENT’S STATUS

  • Contractor’s Status A3.1 At all times during the Contract Period the Contractor shall be an independent contractor and nothing in the Contract shall create a contract of employment, a relationship of agency or partnership or a joint venture between the Parties and accordingly neither Party shall be authorised to act in the name of, or on behalf of, or otherwise bind the other Party save as expressly permitted by the terms of the Contract.

  • Criminal Background Check The Academy shall comply with all sections 1230a of the Code and all applicable law concerning criminal background checks. In the event the Academy contracts with an ESP, the ESP shall comply with this section as if it were the Academy and certify such compliance to the Academy and the University President.

  • Appointment Status An Employee shall be appointed on a permanent basis, or on a casual basis in accordance with Article 37.

  • Criminal Background Checks Provider and College reserve the right to conduct criminal background checks on Resident to determine Resident’s suitability to live in Residence Facility, and Resident consents and agrees that Provider and College has permission to conduct criminal background checks on Resident.

  • SUPPLIER’S STATUS At all times during the Contract Period the Supplier shall be an independent contractor and nothing in this Contract shall create a contract of employment, a relationship of agency or partnership or a joint venture between the Parties and, accordingly, neither Party shall be authorised to act in the name of, or on behalf of, or otherwise bind the other Party save as expressly permitted by the terms of this Contract.

  • Professional Status The Superintendent affirms that he is not under contract with any other board of education covering any part or all of the term provided in this contract. Throughout the contract term, he will hold a valid and appropriate certificate to act as a superintendent of schools in the State of Nebraska which he will register and maintain on file in the school district’s central administrative office. This contract shall not be valid and the Board will not compensate the Superintendent for any service performed prior to the date that he registers his certificate.

  • Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion First Tier Participants:

  • BACKGROUND STATEMENT The Borrower has requested that the Lenders make available to the Borrower revolving credit facilities in the aggregate principal amount of $725,000,000. The Borrower will use the proceeds of these facilities as provided in Section 5.5. The Lenders are willing to make available to the Borrower the credit facilities described herein subject to and on the terms and conditions set forth in this Agreement.

  • CONTRIBUTOR’S STATUS Contributor is a corporation (or other form of artificial legal entity or juristic person) and is therefore a Constituent (defined in the Policy) and will be represented in OpenID by Representatives (defined in the Policy). Contributor’s initial Representatives are identified in Table 1 above, and in Exhibit 1 (if attached), and Contributor may change its Representatives from time to time on written notice to OIDF. Each Representative will also be required to click through the OIDF Online Contribution Agreement on its own behalf. Contributor will, as soon as commercially practicable (and in any case before the next Work Group meeting attended by any of its Representatives), notify OIDF in writing of any change of status of its Representatives.

  • Right to Request and Act on Instructions Agent may at any time request instructions from Lenders with respect to any actions or approvals which by the terms of this Agreement or of any of the Financing Documents Agent is permitted or desires to take or to grant, and if such instructions are promptly requested, Agent shall be absolutely entitled to refrain from taking any action or to withhold any approval and shall not be under any liability whatsoever to any Person for refraining from any action or withholding any approval under any of the Financing Documents until it shall have received such instructions from Required Lenders or all or such other portion of the Lenders as shall be prescribed by this Agreement. Without limiting the foregoing, no Lender shall have any right of action whatsoever against Agent as a result of Agent acting or refraining from acting under this Agreement or any of the other Financing Documents in accordance with the instructions of Required Lenders (or all or such other portion of the Lenders as shall be prescribed by this Agreement) and, notwithstanding the instructions of Required Lenders (or such other applicable portion of the Lenders), Agent shall have no obligation to take any action if it believes, in good faith, that such action would violate applicable Law or exposes Agent to any liability for which it has not received satisfactory indemnification in accordance with the provisions of Section 11.6.

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