Direction and Control. All work undertaken by the Operator at the Worksite shall be under the direction of Customer, but the actual operation of the Equipment and the manner of performance of work in connection therewith shall be under the direction and control of Company. Company is an independent contractor and is not acting as an agent of Customer. The Operator will cooperate with Customer’s personnel and will endeavour to operate the Equipment in accordance with their reasonable requirements. Customer’s employees shall not be under the direction or control of Company or its Operators.
Direction and Control. Except as otherwise provided in this Agreement, the management, supervision and control of the Employer’s operation and the direction of the working force shall remain the exclusive function of Management provided that such management and direction does not contravene the express provisions of this Agreement.
Direction and Control. PROVIDER agrees that PROVIDER will perform the Services under this Agreement as an independent contractor and not as an agent, employee, or servant of the CLIENT. The parties agree that PROVIDER is not entitled to any benefits or rights enjoyed by employees of the CLIENT. PROVIDER specifically has the right to direct and control PROVIDER’s own activities in providing the agreed upon Services in accordance with the specifications set out in this Agreement. The CLIENT shall only have the right to ensure performance. Nothing in this Agreement shall be construed to render the parties partners or joint ventures.
Direction and Control. Contractor shall be fully responsible for and shall have exclusive direction and control of its agents, employees and Subcontractors and shall control the manner and method of performing all Work. All Persons engaged by Contractor to perform Work under this Agreement (including, without limitation, any contract laborers, leased employees or workers furnished by Contractor by a staff leasing agency or company) shall be deemed to be employees, and not subcontractors, of Contractor for all purposes. Any provision in any Work Order planning form, or other contract between the Parties whereby Company or any of its agents or employees would otherwise have the right to direct Contractor or its agents or employees as to the manner of performing Work shall be interpreted as meaning that Contractor should follow the wishes of Company in the results to be achieved and not in the means whereby the Work is to be accomplished. However, if Company shall request Contractor to remove one of its agents, employees or subcontractors for any valid reason, including, but not limited to, lack of competence or conduct which interferes with Company’s operations, Contractor shall promptly cause such agent, employee or subcontractor to be replaced at no cost to Company; provided, however, Contactor retains the sole right to select and discharge its employees, subcontractors and agents.
Direction and Control. The Parties agree and acknowledge that the Municipality has the right of direction and control over the Worksite Employee, including matters of discipline, excluding removal or reassignment, as provided for by Section 1.01. The Worksite Employee shall be supervised, directly and indirectly and exclusively, by the Municipality's supervisory and managerial employees.
Direction and Control. 5.1 The Parties agree that pursuant to section 10 of the PA96 each Chief Officer shall retain direction and control over the officers and staff of their police force.
Direction and Control. The Contractor shall be solely responsible for direction and control of the operators of said equipment, and the Village shall not directly control such operators. However, the Public Works Director (or his designee) shall direct when the Contractor is to perform services hereunder, what services are needed, what equipment shall be used, and what priority of streets and services thereon shall be followed; Contractor shall then direct its operators within such guidelines. If Contractor disagrees with any decision(s) of the Public Works Director (or his designee), or believes such decision(s) materially prevents or interferes with Contractor’s ability to perform services hereunder in a manner consistent with the aforesaid STANDARDS, Contractor may appeal such decision(s) to the following, in this order, unless such person or entity is unavailable:
Direction and Control. 28.1 The Chief Constables consider the transfer of direction and control is necessary for the effective and efficient discharge of a Regional Function and therefore all Personnel in respect of whom Chief Constables exercise direction and control and who are not already employed or subject to transfer of employment to the Lead Force pursuant to clause 11.7 hereof and are engaged in the delivery of a Regional Function shall be under the direction and control of the Chief Constable for the Lead Force unless agreed otherwise pursuant to the Functional Collaboration Agreement.
Direction and Control. SaaS Provider’s personnel, whether employees, independent contractors or subcontractors, performing Services will at all times be under SaaS Provider’s exclusive direction and control and will not be deemed employees of Client. SaaS Provider will be responsible for payment of its independent contractors, subcontractors and its employees’ entire compensation and benefits, as applicable, including employment taxes, worker’s compensation, unemployment compensation and any similar taxes associated with employment or their relationship. Client and SaaS Provider agree that neither Party will be an employee, agent, partner or joint venturer of or with the other. SaaS Provider, in furnishing the Services, is acting as Client’s independent contractor. SaaS Provider will be fully responsible for the acts and omissions of its employees, contractors, subcontractors, and other delegates as if they were performed by SaaS Provider. Neither Party has any authority to represent, contract, or commit the other in any matters, except as expressly authorized in this Agreement. 19 Generally each party would want the right to assign in a change of control event. The provider will not want to risk losing a long-term account simply because it is acquired (for example). 20 Pre-approved subcontractors should be included.
Direction and Control. The requested fire service company(s) or task force(s), [as defined in Section IX Definitions], shall be under the direction and control of their own company officer or task force leader. The company will remain intact as a unit, responsible for its own equipment and personnel throughout the incident. The company officer or task force leader will report to the Command Post [as defined in Section IX, Definitions] of the Incident Commander [as defined in Section IX, Definitions] of the requesting department and will make himself/herself and the company or task force for which they are responsible available for service. The Incident Commander will assume direction and control of the unit in whole and will give that unit an assignment. The fact that the task at hand is inherently dangerous must always be considered.
