Limit of Relationship; Statutory Employer. No Party shall represent that an employer/employee, partnership, joint venture or agency relationship exists between them, nor shall any Party have the power nor will any Party represent that it has the power to bind the other Party hereto to any Contract. Notwithstanding any provision in this Agreement to the contrary, each Party mutually agrees that it is their intention to recognize the Service Recipient for the particular state as the statutory employer of any Service Provider’s employees (whether direct employees or statutory employees) working in that particular state, in accordance with that state’s applicable state law solely for purposes of providing each Service Recipient with statutory immunity from tort Claims under applicable state law, while the employees are performing Services. In connection with any Claims for personal injury or workers compensation made or payable to any employee of any Service Provider (or its heirs or beneficiaries), each Service Recipient shall seek coverage under such Service Recipient’s applicable workers compensation policies in order to avoid or reduce the exposure of any indemnification obligation of any Service Provider under Section 13(a).
