Independent Contractor Status/Relationship. Company and Provider are independent contractors, and not employees, agents or representatives of each other. Company and Provider will each be solely liable for its own activities and those of its employees and other agents, and neither Company nor Provider will be liable in any way for the activities of the other Party or the other Party’s employees or other agents. Provider acknowledges that all Member care and related decisions are the responsibility of Provider and/or Group Providers and that Policies do not dictate or control Provider’s and/or Group Providers’ clinical decisions with respect to the care of Members. Provider agrees to indemnify and hold harmless Company from any and all third party claims, liabilities and causes of action (including, but not limited to, reasonable attorneys’ fees) arising out of Provider’s and/or Group Providers’ provision of care to Members. Company agrees to indemnify and hold harmless Provider and Group Providers from any and all third party claims, liabilities and causes of action (including, but not limited to, reasonable attorneys’ fees) arising out of the Company’s administration of Plans. This provision will survive the termination of this Agreement.
Independent Contractor Status/Relationship. Company and Hospital are independent contractors, and not employees, agents or representatives of each other. Company and Hospital will each be solely liable for its own activities and those of its employees and other agents, and neither Company nor Hospital will be liable in any way for the activities of the other Party or the other Party’s employees or other agents. Hospital acknowledges that all Member care and related decisions are the responsibility of Hospital and/or Hospital Providers and that Policies do not dictate or control Hospital’s and/or Hospital Providers’ clinical decisions with respect to the care of Members. Hospital agrees to indemnify and hold harmless Company from any and all third party claims, liabilities and causes of action (including, but not limited to, reasonable attorneys’ fees) arising out of Hospital’s and/or Hospital Providers’ provision of care to Members. Company agrees to indemnify and hold harmless Hospital and Hospital Providers from any and all third party claims, liabilities and causes of action (including, but not limited to, reasonable attorneys’ fees) arising out of Company’s administration of Plans. This provision will survive the termination of this Agreement.
Independent Contractor Status/Relationship. The relationship between Company and Provider, as well as their respective employees and other agents, is that of independent contractors, and neither shall be considered an agent or representative of the other Party for any purpose, nor shall either hold itself out to be an agent or representative of the other for any purpose. Company and Provider will each be solely liable for its own activities and those of employees and other agents, and neither Company nor Provider will be liable in any way for the activities of the other Party or the other Party’s employees or other agents. Provider acknowledges that all Member care and related decisions are the responsibility of Provider and/or Group Providers and that Policies do not dictate or control Provider’s and/or Group Providers’ clinical decisions with respect to the care of Members. Provider agrees to indemnify and hold harmless Company from any and all claims, liabilities and third party causes of action arising out of Provider’s and/or Group Providers’ provision of care to Members. Company agrees to indemnify and hold harmless Provider and Group Providers from any and all third party claims, liabilities and causes of action arising out of the Company’s administration of Plans. This provision shall survive the expiration or termination of this Agreement, regardless of the reason for termination.
Independent Contractor Status/Relationship. The following shall be added after the third sentence of Section 7.1 Independent Contractor Status/Relationship: “In particular, medical necessity decisions are for compensation purposes only, and do not direct or limit the advice or care which Provider and/or Group Providers can or should provide in Provider’s sole medical judgment.” The fourth (now fifth) sentence of Section 7.1 Independent Contractor Status/Relationship, shall be deleted and replaced with the following: “Notwithstanding anything else in this section or this Agreement to the contrary, nothing shall require Provider and/or Group Providers to indemnify and hold harmless Company (including for costs and counsel fees) from any and all claims, liabilities and third party causes of action arising out of the Company’s administration of Plans.”
