Common use of Relationship of the Parties Clause in Contracts

Relationship of the Parties. The Parties are independent contractors and this Agreement shall not establish any relationship of partnership, joint venture, employment, franchise, or agency between the Parties. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.

Appears in 14 contracts

Samples: Student Refund Management Services Agreement, Student Refund Management Services Agreement, Student Refund Management Services Agreement

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Relationship of the Parties. The Parties are shall perform their obligations under this Agreement as independent contractors and nothing in this Agreement shall not establish any relationship of is intended or will be deemed to constitute a partnership, joint venture, employment, franchise, agency or agency employer-employee relationship between the Parties. Neither Party shall will have the any right, power or authority to bind the other assume, create, or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agentany expense, employee, legal representative, joint venturerliability, or partner of the other nor shall it assume obligation, express or purport to create any obligation implied, on behalf of the other.

Appears in 14 contracts

Samples: Escrow Agreement (Codexis Inc), License Agreement (Ligand Pharmaceuticals Inc), License Agreement (Ligand Pharmaceuticals Inc)

Relationship of the Parties. The Parties parties are independent contractors as to each other, and this Agreement shall not establish any relationship of partnership, joint venture, employment, franchise, neither party will have power or agency between the Parties. Neither Party shall have the power authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation or responsibility on behalf of the other. This Agreement will not be construed to create or imply any partnership, agency, or joint venture.

Appears in 13 contracts

Samples: Smarsh Services Agreement, Smarsh Services Agreement, T Mobile Smarsh Services

Relationship of the Parties. The Parties agree that in performing their responsibilities pursuant to this Agreement, they are in the position of independent contractors contractors, and this Agreement shall not establish create any relationship of partnership, joint venture, employment, franchise, venture or agency other similar arrangement between the Parties. Neither Party shall have the power to bind the other Parties or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner any of the other nor shall it assume or purport to create any obligation on behalf of the othertheir respective Subsidiaries.

Appears in 10 contracts

Samples: Transitional Services Agreement (Great Western Bancorp, Inc.), Transitional Services Agreement (First Hawaiian, Inc.), Expense Reimbursement Agreement (First Hawaiian, Inc.)

Relationship of the Parties. The Parties parties are independent contractors and of each other. Nothing in this Agreement shall not establish any relationship of be construed to create a fiduciary relationship, partnership, employer/employee joint venture, employment, franchise, agency or agency other similar relationship between the Partiesparties. Neither Party party shall have the power right to bind exercise control or direction over the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner business of the other nor shall it assume or purport to create any obligation on behalf of the otherparty.

Appears in 9 contracts

Samples: Participation Agreement, Participation Agreement, Participation Agreement

Relationship of the Parties. The Parties parties are independent contractors and contractors. Nothing in this Agreement shall not establish any relationship of be construed to create a partnership, joint venture, employment, franchise, venture or agency between the Partiesrelationship. Neither Party party shall have the power any right or authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation of any kind expressed or implied in the name of or on behalf of the otherother party.

Appears in 9 contracts

Samples: Subscription Service Agreement, Servicenow Master Ordering Agreement, Master Ordering Agreement

Relationship of the Parties. The Parties are In the performance of this Agreement, the Parties, and their officers, agents and employees, shall act as independent contractors and contractors. Nothing in this Agreement shall not establish any relationship of partnershipcreate, or be construed to be, a joint venture, employmentassociation, franchisepartnership, franchise or agency between other form of business relationship. At no time will the Partiesemployees, agents or assigns of one Party be considered the employees of the other Party for any purpose, including but not limited to workers’ compensation purposes. Neither Party shall will have the power right to obligate or bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create in any obligation on behalf of the othermanner whatsoever.

Appears in 8 contracts

Samples: Agreement, Cooperative Agreement, Cooperative Agreement

Relationship of the Parties. This Agreement shall not be deemed to create any partnership, agency, joint venture or trust, or to authorize any Party to act as agent, servant or employee of the other. The Parties are independent contractors and this Agreement shall not establish any relationship of partnership, joint venture, employment, franchise, or agency between the Partiescontractors. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior its express written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.

Appears in 8 contracts

Samples: Indemnification and Reimbursement Agreement, Indemnification and Reimbursement Agreement, Indemnification and Reimbursement Agreement

Relationship of the Parties. The Parties hereto are and shall remain independent contractors and this Agreement contractors. Nothing herein shall not be deemed to establish any relationship of a partnership, joint venture, employment, franchise, or agency relationship between the Parties. Neither Party shall have the power right to obligate or bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport in any manner to create any obligation on behalf of the otherthird party.

Appears in 7 contracts

Samples: Software End User License Agreement, Software End User License Agreement, Software End User License Agreement

Relationship of the Parties. The Parties parties are independent contractors and of each other. Nothing in this Agreement shall not establish any relationship of partnershipbe construed to create an employer/employee, joint venture, employment, franchise, or agency other similar relationship between the Partiesparties. Neither Party party shall have the power right to bind exercise control or direction over the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner business of the other nor shall it assume or purport to create any obligation on behalf of the otherparty.

Appears in 5 contracts

Samples: Business Associate Agreement, Business Associate and Data Use Agreement, Business Associate and Data Use Agreement

Relationship of the Parties. The Parties are parties agree and acknowledge that the relationship of the parties is in the nature of an independent contractors and this contractor. This Agreement shall not establish any relationship of partnershipbe deemed to create a partnership or joint venture and neither party is the other’s agent, joint venturepartner, employment, franchiseemployee, or agency between the Partiesrepresentative. Neither Party party shall have the power right to obligate or bind the other party in any manner whatsoever, and nothing herein shall give or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner is intended to give any rights of the other nor shall it assume or purport any kind to create any obligation on behalf of the otherthird persons.

Appears in 4 contracts

Samples: Redseal Term Software License Agreement, Term Software License Agreement, Separate Software License Agreement

Relationship of the Parties. The Parties parties are independent contractors and this Agreement shall will not establish any relationship of partnership, joint venture, employment, franchise, franchise or agency between the Parties. Neither Party shall will have the power to bind the other Party or to incur any obligations on the other’s behalf its behalf, without the otherother Party’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.

Appears in 4 contracts

Samples: Master Global Marketing and Distribution Agreement (Norpac Technologies, Inc.), Master Global Marketing and Distribution Agreement (CelLynx Group, Inc.), Asset Purchase Agreement (5Barz International, Inc.)

Relationship of the Parties. The Parties are independent contractors and contracting entities. Nothing in this Agreement shall not establish any relationship of be construed to create a partnership, joint venture, employment, franchiseagency relationship, or agency between joint venture among the Parties. Neither No Party shall have the power any authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation make commitments on behalf of the otherother Party for any purpose, nor shall any such Party hold itself out as having such authority. No Party shall be held liable for the acts or omissions of another Party.

Appears in 4 contracts

Samples: Participation Agreement, Participation Agreement, Participation Agreement

Relationship of the Parties. The Parties are This Agreement is between two (2) independent contractors contracting entities and this Agreement nothing herein shall not establish any relationship of constitute or create an employer-employee relationship, a partnership, a joint venture, employment, franchise, venture or agency any other joint enterprise or agent-principal relationship between the Partiesparties. Neither Party shall have party is the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner fiduciary of the other nor shall it assume party. The Consultant will not have the right to obligate or purport legally bind the Company and will not hold itself out to create any obligation on behalf of third party or to make any representation to any third party that the otherConsultant has the right to do so.

Appears in 4 contracts

Samples: Consulting Agreement (Marani Brands, Inc.), Consulting Agreement (Marani Brands, Inc.), Consulting Agreement (Marani Brands, Inc.)

Relationship of the Parties. The Parties are independent contractors and In all matters relating to this Agreement shall not establish any Agreement, the relationship of partnership, joint venture, employment, franchise, or agency between the PartiesParties shall be that of independent contractors. Neither Party shall have the power will represent that it has any authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation obligation, express or implied, on behalf of the otherother Party. Nothing in this Agreement shall be construed as constituting the Parties as partners or joint venturers, or as creating the relationship of employer and employee, principal and agent, or master and servant.

Appears in 4 contracts

Samples: Pulse Secure End User Support Agreement, Pulse Secure End User Support Agreement, Pulse Secure End User Support Agreement

Relationship of the Parties. The Parties parties to this Agreement and their employees are independent contractors and this Agreement shall are not establish any relationship agents of partnershipeach other, joint ventureventurers, employment, franchise, partners or agency between the Partiesjoint parties to a formal business organization of any kind. Neither Party shall have the power party is authorized or empowered to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation act on behalf of the other with regard to any contract, warranty or representation as to any matter, and neither party will be bound by the acts or conduct of the other. Each party will maintain sole and exclusive control over its own personnel and operations.

Appears in 3 contracts

Samples: Cooperative Research and Development Agreement, Eurotech LTD, Markland Technologies Inc

Relationship of the Parties. The In performing this Agreement, each of the Parties are will operate as, and have the status of, an independent contractors and contractor. Except as may be expressly set forth in this Agreement, neither Party will have the right or authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other Party, whether express or implied, or to bind the other Party in any respect whatsoever. Nothing in this Agreement shall not establish be construed as forming any relationship of partnership, joint venture, agency, employment, franchise, distributorship, dealership or agency other similar or special relationship between the Parties. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.

Appears in 3 contracts

Samples: Settlement and Patent License Agreement (Vonage Holdings Corp), Agreement (Royal Capital Management Inc), Agreement (Royal Capital Management Inc)

Relationship of the Parties. The Parties are independent contractors and For all purposes of this Agreement shall not establish any relationship of partnershipAgreement, joint venture, employment, franchise, or agency between the Parties. Neither each Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself be and act as an agent, employee, legal representativeindependent contractor and not as a partner, joint venturer, representative or partner agent of the other nor shall it assume other. Neither Party has any authority to act on behalf of or purport to create enter into any obligation contract, incur any liability or make any representation or warranty on behalf of the otherother Party.

Appears in 3 contracts

Samples: Foundation General Event Sponsorship Terms, And Certification Agreement, And Certification Agreement

Relationship of the Parties. The Parties are independent contractors and this contractors. This Agreement shall does not establish any relationship of create a partnership, franchise, joint venture, employmentagency, franchise, fiduciary or agency employment relationship between the Parties. Neither Party shall will have the power to bind the other or incur obligations on the otherother Party’s behalf without the otherother Party’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.

Appears in 3 contracts

Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement

Relationship of the Parties. The In the exercise of their respective rights, and the performance of their respective obligations hereunder, the Parties are and will remain independent contractors and contractors. Nothing in this Agreement shall not establish any relationship of partnership, joint venture, employment, franchisewill be construed to constitute the Parties as partners, or agency between the Partiesprincipal and agent for any purpose whatsoever. Neither Party shall have the power will bind, or attempt to bind bind, the other Party to any contract or incur obligations on the other’s behalf without the other’s prior written consent. Neither other obligation, and neither Party shall will represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall to any third party that it assume or purport is authorized to create any obligation act on behalf of the otherother Party.

Appears in 3 contracts

Samples: License Agreement (Asml Holding Nv), Zeiss Sublicense Agreement (Asml Holding Nv), License Agreement (Asml Holding Nv)

Relationship of the Parties. The Parties are independent contractors and this This Agreement shall does not establish create any relationship of partnership, partnership or joint venture, employment, franchise, or agency venture between the Parties. Neither Company shall be an independent contractor pursuant to this Agreement. Except as expressly set forth in this Agreement, neither Party shall have any express or implied right or authority to assume or create any obligations on behalf of or in the power name of the other Party or to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agentto any contract, employee, legal representative, joint ventureragreement, or partner of the other nor shall it assume or purport to create undertaking with any obligation on behalf of the otherthird party.

Appears in 3 contracts

Samples: Cultivation and Sales Agreement (MJ Holdings, Inc.), Cultivation and Sales Agreement (MJ Holdings, Inc.), Cultivation and Sales Agreement (MJ Holdings, Inc.)

Relationship of the Parties. The It is agreed that the Parties are shall be independent contractors and this Agreement that the relationship between the Parties shall not establish any relationship of constitute a partnership, joint venture, employment, franchise, or agency between the Partiesagency. Neither Party shall have the power authority to bind make any statements, representations, or commitments of any kind, or to take any action, which shall be binding on the other or incur obligations on the other’s behalf Party, without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner consent of the such other nor shall it assume or purport to create any obligation on behalf of the otherParty.

Appears in 3 contracts

Samples: MBS It Service Agreement Terms and Conditions, metrombs.com, metrombs.com

Relationship of the Parties. The Parties are independent contractors and shall at all times during the term of this Agreement shall not establish any relationship of partnershipact as, joint venture, employment, franchise, or agency between the Parties. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party and shall represent itself as themselves to be, independent contractors, and not an agent, employee, legal representativepartner, joint venturer, or partner employee of the other nor shall it assume Party. Neither Party will have the right to enter into any contracts or purport to create any obligation on behalf binding commitments in the name of the otherother Party or on such other Party’s behalf.

Appears in 3 contracts

Samples: Oem Software License Agreement (Motive Inc), Oem Software License Agreement (Motive Inc), Oem Software License Agreement (Motive Inc)

Relationship of the Parties. The Parties are will be considered independent contractors and contracting entities. Nothing in this Agreement shall not establish any relationship of will be construed to create a partnership, joint venture, employment, franchiseagency relationship, or agency between joint venture among the Parties. Neither Party shall will have the power any authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation make commitments on behalf of the otherother Party for any purpose, nor will it hold itself out as having such authority.

Appears in 3 contracts

Samples: Healthix Participation Agreement, Directory Participation Agreement, Healthix Participation Agreement

Relationship of the Parties. The Parties parties are independent contractors and this Agreement shall will not establish any relationship of partnership, joint venture, employment, franchise, franchise or agency between the Partiesparties. Neither Party shall party will have the power to bind the other party or to incur any obligations on the other’s behalf its behalf, without the otherother party’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.

Appears in 3 contracts

Samples: Authorized Academy Center Agreement, Authorized Academy Center Agreement, Master Agreement

Relationship of the Parties. The Parties are parties shall perform their obligations under this Agreement as independent contractors and nothing in this Agreement shall not establish any relationship of is intended or will be deemed to constitute a partnership, joint ventureagency or employer-employee relationship between the parties. Neither party will have any right, employmentpower or authority to assume, franchisecreate, or agency between the Parties. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agentany expense, employee, legal representative, joint venturerliability, or partner of the other nor shall it assume obligation, express or purport to create any obligation implied, on behalf of the other.

Appears in 3 contracts

Samples: Non Exclusive Sublicense Agreement (Dyadic International Inc), Supply Agreement (Nevro Corp), Non Exclusive Sublicense Agreement (Dyadic International Inc)

Relationship of the Parties. The Parties to the Agreement are independent contractors and this contractors. Neither party is an agent, representative, partner or employee of the other party. Neither party will have any right, power, or authority to enter into any agreement on behalf of, or incur any obligation or liability of, or to otherwise bind the other party. The Agreement shall will not establish any relationship of partnershipbe interpreted or construed to create an association, agency, joint venture, employment, franchise, or agency partnership between the Parties. Neither Party shall have the power Parties or to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport impose any liability attributable to create any obligation on behalf of the othersuch a relationship upon either party.

Appears in 2 contracts

Samples: Master Advertising Agreement, Affiliate Partner Management Agreement

Relationship of the Parties. The Parties are parties’ relationship is strictly that of independent contractors and this Agreement shall do not establish any relationship of create a partnership, franchise, joint venture, employmentagency, franchisefiduciary, or agency employment relationship between the Partiesparties. Neither Party shall have party has the power to bind the other other, make any warranties or incur representations, or incur, assume or create obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, consent and each party agrees that it will not perform any act or partner of omission to the other nor shall it assume or purport to create any obligation on behalf of the othercontrary.

Appears in 2 contracts

Samples: Software as a Service, Software as a Service

Relationship of the Parties. The Parties are intend to create an independent contractors contractor relationship and nothing contained in this Agreement shall not establish any relationship of partnershipbe construed to make either Party a partner, joint ventureventurer, employmentprincipal, franchise, agent or agency between employee of the Partiesother Party. Neither Party shall have the any right, power or authority, express or implied, to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Relay Therapeutics, Inc.), Collaboration and License Agreement (Relay Therapeutics, Inc.)

Relationship of the Parties. The Parties to this Agreement and their employees are independent contractors entities and this Agreement shall are not establish any relationship agents of partnershipeach other, joint venture, employment, franchiseventurers, or agency between the Partiespartners to any business organization. Neither Party shall have the power is authorized or empowered to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation act on behalf of the other with regard to any contract, warranty or representation as to any matter, and neither Party will be bound by the acts or conduct of the other. Each Party will maintain sole and exclusive control over its own personnel and operations.

Appears in 2 contracts

Samples: Test Agreement, Test Agreement

Relationship of the Parties. The Parties parties are independent contractors with respect to each other. This Agreement does not constitute and this Agreement shall not establish any relationship of partnership, be construed as constituting a partnership or joint venture, employment, franchiseventure among the parties hereto, or agency between the Partiesan employee-employer relationship. Neither Party No party shall have the power any right to obligate or bind the any other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create party in any obligation on behalf of the othermanner whatsoever.

Appears in 2 contracts

Samples: Platform Subscription Agreement, Master Services Agreement

Relationship of the Parties. The relationship of the Parties are shall be one of independent contractors and only. Nothing in this Agreement shall not establish be deemed to create any relationship of partnership, joint venture, employmentpartnership, franchise, master-servant or agency principal-agent relationship between the PartiesSupplier and Customer. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation or responsibility to act on behalf of the other, or the power or authority to bind the other in any manner whatsoever.

Appears in 2 contracts

Samples: End User License Agreement, Master Services Agreement

Relationship of the Parties. The Parties are independent contractors and this This Agreement shall does not establish any relationship of partnership, create a joint venture, employment, franchisepartnership, or agency the like, between the Parties. Neither The Parties shall always remain independent contractors in its performance of this Agreement. No Party to this Agreement shall have the power any authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself employ any person as an agent, employee, legal representative, joint venturer, employee or partner of the other nor shall it assume agent for or purport to create any obligation on behalf of the otherother party to this Agreement for any purpose, and no Party to this Agreement, nor any person performing any duties or engaging in any work at the request of such Party, shall be deemed to be an employee or agent of the other Party to this Agreement.

Appears in 2 contracts

Samples: Technology Licensing Agreement (Pfenex Inc.), Technology Licensing Agreement (Pfenex Inc.)

Relationship of the Parties. The Parties parties are independent contractors contractors, and this Agreement shall not establish any relationship of partnershipbe interpreted as creating an association, joint venture, or partnership relationship between the parties or as imposing any employment, franchise, or agency between the Parties. partnership obligation or liability on either party: Neither Party party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport authority to create or assume any obligation obligation, express or implied, on behalf of the otherother party.

Appears in 2 contracts

Samples: Scientific Advisory Board Agreement (Caribou Biosciences, Inc.), Scientific Advisory Board Agreement (Caribou Biosciences, Inc.)

Relationship of the Parties. The It is expressly agreed that the Parties are shall be independent contractors and this Agreement that the relationship between the Parties shall not establish any relationship of constitute a partnership, joint venture, employment, franchise, or agency between the Partiesagency. Neither Party shall have the power authority to bind make any statements, representations, or commitments of any kind, or to take any action, which shall be binding on the other or incur obligations on the other’s behalf Party, without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner consent of the such other nor shall it assume or purport to create any obligation on behalf of the otherParty.

Appears in 2 contracts

Samples: Ecourt Reporters Court Reporting Agency Agreement, Government Entity Agreement

Relationship of the Parties. The Parties are For the purposes of this Agreement, each party shall be an independent contractors contractor and this Agreement shall not establish any relationship of partnership, joint venture, employment, franchise, an agent or agency between the Parties. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner employee of the other nor party. Neither party shall it assume have authority or purport power to create make any obligation statements, representations or commitments of any kind, or to take any action which is binding on behalf the other party, unless expressly so authorized to do so by an instrument in writing signed by authorized representatives of the othersuch other party.

Appears in 2 contracts

Samples: Manufacturing Preparation and Services Agreement (Palatin Technologies Inc), Manufacturing and Supply Agreement (Recro Pharma, Inc.)

Relationship of the Parties. The It is expressly agreed that the relationship among the Parties are independent contractors and this Agreement shall not establish any relationship of constitute a partnership, joint venture, employment, franchise, or agency between the Partiesagency. Neither The Parties are independent contractors. No Party shall have the power authority to bind the make any statements, representations, or commitments of any kind, or to take any action, which shall be binding on any other or incur obligations on the other’s behalf Party, without the other’s prior written consent. Neither consent of such other Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the otherdo so.

Appears in 2 contracts

Samples: Share Purchase Agreement (Xenetic Biosciences, Inc.), Share Purchase Agreement (Xenetic Biosciences, Inc.)

Relationship of the Parties. The Parties are independent contractors and this Agreement shall not establish any relationship of partnershipneither Party is an employee, joint venture, employment, franchiseagent, or agency between joint venture partner of the Partiesother. Neither Party shall have the power right to bind the other Party, whether directly or indirectly, to any agreement with a third party or to incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation or liability on behalf of the othersuch other Party whether directly or indirectly.

Appears in 2 contracts

Samples: System Purchase Agreement (Grande Communications Holdings, Inc.), System Purchase Agreement (Grande Communications Holdings, Inc.)

Relationship of the Parties. The Parties to this Agreement are independent contractors contractors. No Party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, any other Party. This Agreement is not intended to, and this Agreement shall not establish any relationship of partnershipbe deemed, interpreted or construed to create an association, agency, joint venture, employment, franchisepartnership, or agency lessor/lessee relationship between the Parties or to impose any liability attributable to such a relationship upon the Parties. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.

Appears in 2 contracts

Samples: Hosting Agreement, Hosting Agreement

Relationship of the Parties. The Parties parties are independent contractors and this contractors. This Agreement shall does not establish any relationship of create a partnership, franchise, joint venture, employmentagency, franchise, fiduciary or agency employment relationship between the Parties. Neither Party shall have the power right to obligate or bind the other Party in any manner whatsoever, and nothing herein shall give or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner is intended to give any rights of the other nor shall it assume or purport any kind to create any obligation on behalf of the otherthird persons.

Appears in 2 contracts

Samples: Subscription Agreement, Subscription Agreement

Relationship of the Parties. The Parties are independent contractors and parties' relationship during the term of this Agreement shall not establish any relationship be that of partnership, joint venture, employment, franchise, or agency between the Partiesindependent contractors. Neither Party party shall have the power have, nor shall represent that it has, any power, right or authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it to assume or purport to create any obligation or responsibility, express or implied, on behalf of the otherother or in such other party's name, except as herein expressly provided. Nothing stated in this Agreement shall be construed as constituting a partnership or as creating the relationships of employer/employee, franchiser/franchisee, or principal/agent between the parties.

Appears in 2 contracts

Samples: Cooperative Development Agreement (Smartdisk Corp), Cooperative Development Agreement (Smartdisk Corp)

Relationship of the Parties. The Parties parties acknowledge that they are independent contractors and this Agreement shall not establish any relationship of no other relationship, including partnership, joint venture, employment, franchise, master/servant or agency between the Partiesprincipal/agent is intended by this Agreement. Neither Party shall have the power right to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of obligate the other.

Appears in 2 contracts

Samples: Distributor Agreement (Panacea Global, Inc.), Master Purchase Agreement (Panacea Global, Inc.)

Relationship of the Parties. The Each of the Parties are shall be independent contractors with respect to each other, and this Agreement the relationship established hereby shall not establish any relationship of constitute a partnership, joint venture, employment, franchise, or agency between the Partiesagency. Neither No Party shall have the power authority to bind the make statements, representations or commitments of any kind, or take any action, which shall be binding on any other or incur obligations on the other’s behalf Party, without the other’s prior express, prior, written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner consent of the other nor shall it assume or purport Party to create any obligation on behalf of the otherbe so bound.

Appears in 2 contracts

Samples: Development Agreement (Viacell Inc), Supply Agreement (Viacell Inc)

Relationship of the Parties. The It is expressly agreed that the Parties are shall be independent contractors and this Agreement that the relationship between the Parties shall not establish any relationship of constitute a partnership, joint venture, employment, franchise, venture or agency between the Partiesagency. Neither Party shall have the power authority to bind make any statements, representations or commitments of any kind, or to take any action, which shall be binding on the other or incur obligations on the other’s behalf Party, without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner consent of the other nor shall it assume or purport to create any obligation on behalf of the otherParty.

Appears in 2 contracts

Samples: Strategic Partnership Agreement (Zymergen Inc.), Strategic Partnership Agreement (Zymergen Inc.)

Relationship of the Parties. The Parties are independent contractors and this Agreement shall not establish will have no right to assume or create any relationship obligation or responsibility on behalf of partnership, joint venture, employment, franchise, or agency between the Partiesother Party. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent hold itself out as an agent, employee, legal representative, joint venturer, or partner agent of the other nor shall it assume or purport Party. This Agreement will not be construed to create or imply any obligation on behalf partnership, agency, joint venture or formal business entity of the otherany kind.

Appears in 2 contracts

Samples: License Agreement, Master Cooperation and Publishing Agreement (The9 LTD)

Relationship of the Parties. This Agreement shall not create or establish an agency, partnership, or joint venture between the Parties and the Parties jointly and severally disclaim any such relationship. The Parties are acting solely as independent contractors and this Agreement shall not establish neither Party owes any relationship of partnershipfiduciary, joint venturespecial, employment, franchiseimplied, or agency between the Parties. Neither Party shall have the power other duty to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the otherParty.

Appears in 2 contracts

Samples: Agreement, www.library.hbs.edu

Relationship of the Parties. The Parties are independent contractors and contractors, bound to each other only as provided for in this Agreement shall not establish any relationship of partnership, joint venture, employment, franchise, or agency between the PartiesAgreement. Neither Party shall have has the power authority to bind the other bind, act on behalf of, or incur obligations on represent the other’s behalf without the other’s prior written consent. Neither Party shall represent itself Except as an agentotherwise expressly provided, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport nothing in this Agreement will be deemed to create any obligation on behalf of the otherrights in third parties, including Customer’s End Users, suppliers and vendors.

Appears in 2 contracts

Samples: Cloud Solutions Services Agreement, Cloud Solutions Services Agreement

Relationship of the Parties. The Parties parties to this Agreement and their employees are independent contractors and this Agreement shall are not establish any relationship agents of partnershipeach other, joint ventureventurers, employment, franchisepartners, or agency between the Partiesjoint parties to a formal business organization of any kind. Neither Party shall have the power party is authorized or empowered to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation act on behalf of the other with regard to any contract, warranty, or representation as to any matter, nor will either party be bound by the acts or conduct of the other. Each party will maintain sole and exclusive control over its own personnel and operations.

Appears in 2 contracts

Samples: Research and Development Agreement, Cooperative Research and Development Agreement

Relationship of the Parties. The Parties parties are independent contractors and under this Agreement shall not establish any and no other relationship of is intended, including a partnership, franchise, joint venture, employmentagency, franchiseemployer/employee, fiduciary, master/servant relationship, or agency between the Partiesother special relationship. Neither Party party shall have the power to act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other or incur obligations on the other’s behalf without the other’s prior written consentparty. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner The parties acknowledge and agree that any breach of the other nor foregoing sentence shall it assume or purport to create any obligation on behalf be deemed a material breach of the otherthis Agreement.

Appears in 2 contracts

Samples: Oem Agreement (Netro Corp), Oem Agreement (Netro Corp)

Relationship of the Parties. The Parties parties are independent contractors and of each other. Nothing in this Agreement shall not establish any relationship of be construed to create a fiduciary relationship, partnership, employer/employee, joint venture, employment, franchise, agency or agency other similar relationship between the Partiesparties. Neither Party party shall have the power right to bind exercise control or direction over the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner business of the other nor shall it assume or purport to create any obligation on behalf of the otherparty.

Appears in 2 contracts

Samples: Registry Participation Agreement, Participation and Data Use Agreement

Relationship of the Parties. The Parties are independent contractors and relationship of the parties under this Agreement shall not establish any relationship is one of independent contractors, and no agency, partnership, joint venture, employment, franchisejoint venture or similar relationship is created hereby. Except as specifically authorized, neither party will have any authority to assume or agency between the Parties. Neither Party shall have the power to bind the other or incur create obligations on the other’s behalf without other party's behalf, and neither party will take any action that has the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner effect of creating the other nor shall it assume or purport to create any obligation on behalf appearance of the otherits having such authority.

Appears in 1 contract

Samples: app.structionsite.com

Relationship of the Parties. The Parties parties are independent contractors and this contractors. This Agreement shall will not establish any relationship of partnership, be deemed to create a partnership or joint venture, employment, franchise, or an employment or agency relationship between the Partiesparties. Neither Party shall have party has the power right or authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation or responsibility on behalf of the other. Neither Party is liable for the acts of the other.

Appears in 1 contract

Samples: Ks Plan Administrators LLC Independent Agent Agreement

Relationship of the Parties. The Parties are independent contractors and this Agreement shall will not establish any relationship of partnership, joint venture, employment, franchise, franchise or agency between the Parties. Neither Party shall will have the power to bind the other Party or to incur any obligations on the other’s behalf its behalf, without the otherother Party’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.

Appears in 1 contract

Samples: Cybersecurity Academy Agreement

Relationship of the Parties. The Parties to this Agreement and their employees are independent contractors and this Agreement shall are not establish any relationship agents of partnershipeach other, joint ventureventurers, employment, franchise, partners or agency between the Partiesjoint Parties to a formal business organization of any kind. Neither Party shall have the power is authorized or empowered to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation act on behalf of the other with regard to any contract, warranty or representation as to any matter, and neither Party will be bound by the acts or conduct of the other.

Appears in 1 contract

Samples: Other Transaction (Genvec Inc)

Relationship of the Parties. The Parties are independent contractors and contractors. Nothing in this Agreement shall not establish any relationship of be construed to create or imply partnership, joint venture, agency relationship or contract of employment, franchise, or agency between the Parties. Neither Party shall have has the power right to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the otherother Party.

Appears in 1 contract

Samples: Product Purchase Agreement (Aerkomm Inc.)

Relationship of the Parties. The Parties parties are operating as independent contractors contractors, and nothing in this Agreement shall not establish any relationship of will be construed as creating a partnership, franchise, joint venture, employment, franchiseemployer and employee, or agency between the Partiesrelationship. Neither Party shall have party has the power authority to bind obligate the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agentparty in any manner, employee, legal representative, joint venturer, or partner and nothing in this Agreement will give rise to any rights of the other nor shall it assume or purport any kind to create any obligation on behalf of the otherthird parties.

Appears in 1 contract

Samples: Master Services Agreement

Relationship of the Parties. The Parties are independent contractors and Neither party is by virtue of this Agreement shall not establish any relationship of partnership, joint venture, employment, franchise, or agency between the Parties. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself authorized as an agent, employee, or legal representative, joint venturer, or partner representative of the other. Neither party shall have the power to control the activities and operations of the other nor shall it assume or purport and its status at all times will continue to create any obligation on behalf be that of the otheran independent contractor relationship.

Appears in 1 contract

Samples: Photography Services Agreement

Relationship of the Parties. The Parties Both parties are independent contractors and this nothing in the Agreement shall authorizes the other party to act as a legal representative or employee of the for any purpose whatsoever. This Agreement does not establish any relationship of partnership, constitute a joint venture, employmentpooling arrangement, franchisepartnership, or agency between formal business organization of any kind and the Partiesrights and obligations of the parties shall be only those expressly set forth herein. Neither Party party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport with respect to create any obligation on behalf of the otherto any third party or Customer(s).

Appears in 1 contract

Samples: Alliance Agreement (Wasatch Education Systems Corp /Ut/)

Relationship of the Parties. The Parties are Each party is an independent contractors contractor under this Agreement and this Agreement shall does not establish any relationship of partnership, joint venture, employment, franchise, franchise or agency relationship between the Partiesparties. Neither Party shall party will have the power to bind the other party or incur obligations on the other’s behalf without the otherother party’s prior written consent, except as otherwise expressly provided in this Agreement. Neither Party shall represent itself Each party will be solely responsible for payment of all compensation owed to its employees, as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the otherwell as employment-related taxes.

Appears in 1 contract

Samples: Master Subscription Agreement

Relationship of the Parties. The In the exercise of their respective rights, and the performance of their respective obligations hereunder, the Parties are are, and will remain independent contractors and contractors. Nothing in this Agreement shall not establish any relationship of partnership, joint venture, employment, franchisewill be construed to constitute the Parties as partners, or agency between the Partiesprincipal and agent for any purpose whatsoever. Neither Party shall have the power will bind, or attempt to bind bind, the other Party hereto to any contract or incur obligations on the other’s behalf without the other’s prior written consent. Neither other obligation, and neither Party shall will represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall to any third party that it assume or purport is authorized to create any obligation act on behalf of the otherother Party.

Appears in 1 contract

Samples: Supplemental Secondment and Transfer Agreement (Spansion Inc.)

Relationship of the Parties. The Parties parties acknowledge that they are independent contractors and this Agreement shall not establish any relationship of no other relationship, including, without limitation, partnership, joint venture, employment, franchise, master/servant, or agency between the Partiesprincipal/agent is intended by this User Agreement. Neither Party shall have party has the power right to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of obligate the other.

Appears in 1 contract

Samples: User Agreement

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Relationship of the Parties. The Parties parties specifically acknowledge and agree that they are independent contractors to one another and this that nothing in these Terms and Conditions or the Agreement shall not establish in any relationship of partnership, joint venture, employment, franchise, or agency between the Parties. Neither Party shall have the power way be construed to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself constitute either party as an agent, employee, legal representativepartner, joint venturer, employee, servant, or partner legal representative of the other nor shall it assume for any purpose whatsoever (including, for the avoidance of doubt, for any tax reporting or purport other purposes). Neither party has the right to create negotiate on behalf of or bind the other in any obligation way or to incur any liability on behalf of the other.

Appears in 1 contract

Samples: Cartonet Cloud Services Terms and Conditions

Relationship of the Parties. The Parties are Each party is and shall remain an independent contractors contractor. This Agreement does not constitute and this Agreement shall will not establish any relationship of be construed as constituting a partnership, joint venture, employment, franchise, venture or principal-agency relationship between the Parties. Neither , and neither Party shall nor any of its employees or agents will have the power any power, authority or right to obligate or bind the other Party in any manner whatsoever, except as expressly provided herein or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of by the other nor shall it assume or purport to create any obligation on behalf of Party. Without limiting the other.foregoing, the Parties acknowledge, covenant and agree as follows:

Appears in 1 contract

Samples: Pharmacy Services Agreement (America Service Group Inc /De)

Relationship of the Parties. The Parties are intend to create an independent contractors contractor relationship and nothing contained in this Agreement shall not establish any relationship of partnershipbe construed to make either Seller or Buyer partners, joint ventureventurers, employmentprincipals, franchise, agents or agency between employees of the Partiesother. Neither Party shall have the any right, power or authority, express or implied, to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, Seller nor Buyer is authorized to take any action in any way whatsoever for or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.

Appears in 1 contract

Samples: metroplexenergy.com

Relationship of the Parties. The Parties to the Agreement are independent contractors and this contractors. Neither Party is an agent, representative, partner or employee of the other Party. Neither Party will have any right, power, or authority to enter into any agreement on behalf of, or incur any obligation or liability of, or to otherwise bind the other Party. The Agreement shall will not establish any relationship of partnershipbe interpreted or construed to create an association, agency, joint venture, employment, franchise, or agency partnership between the Parties. Neither Party shall have the power Parties or to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport impose any liability attributable to create any obligation on behalf of the othersuch a relationship upon either Party.

Appears in 1 contract

Samples: Revolving Credit Loan Agreement (FUND.COM Inc.)

Relationship of the Parties. The Parties parties are independent contractors and this contractors. This Agreement shall does not establish any relationship of create a partnership, franchise, joint venture, employment, franchiseagency, or agency any fiduciary or employment relationship between the Partiesparties. Neither Party party shall have the right, power or authority to bind the other make any representation or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturerwarranty (whether express or implied), or partner of the other nor shall it to assume or purport to create any obligation on behalf of the otherother party, or to bind the other party in any manner whatsoever.

Appears in 1 contract

Samples: License Agreement

Relationship of the Parties. The Parties are independent contractors and nothing contained in this Agreement shall not establish any will be construed to place them in the relationship of partnershippartners, principal and agent, employer/employee or joint venture, employment, franchise, or agency between the Partiesventurer. Neither Party shall will have the power or right to bind or obligate the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party, nor will either Party shall represent hold itself out as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the otherhaving such authority.

Appears in 1 contract

Samples: Collaboration Agreement (Anixa Biosciences Inc)

Relationship of the Parties. The Parties are independent contractors and this This Agreement shall not establish any relationship of creates no partnership, joint venture, employment, franchise, franchise or agency between the Partiesparties. Each party is an independent contractor, solely responsible for the direction and compensation of its employees. Neither Party shall have party has the power right to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create create, either directly or indirectly, any liability or any obligation of any kind, expressed or implied, in the name of or on behalf of the otherother party, and neither party shall represent that it has such authority.

Appears in 1 contract

Samples: Product Development and Distribution Agreement (Edelbrock Corp)

Relationship of the Parties. The At all times the relationship between the Parties are shall be that of independent contractors contractors, and this Agreement nothing expressed or implied shall not establish any relationship of partnershipconstitute the parties as partners, joint venture, employment, franchise, venturers or agency between the Partiesco-owners. Neither Party shall have the power right to bind the other enter into a binding agreement on behalf [LOGO OMITTED] of, or incur obligations on otherwise bind, the other’s behalf without , nor have the right to direct or control the activities of the other’s prior written consent. Neither , nor shall one Party shall represent itself act as an agent, employee, legal representative, joint venturer, or partner agent of the other nor shall it assume or purport to create any obligation on behalf of the otherParty.

Appears in 1 contract

Samples: Master Services Agreement (Fusion Telecommunications International Inc)

Relationship of the Parties. The Parties are independent contractors and parties relationship during the term of this Agreement shall not establish and under any relationship purchase orders placed hereunder will be that of partnership, joint venture, employment, franchise, or agency between the Partiesindependent contractors. Neither Party shall have the power party has, and will not represent that it has, any power, right or authority to bind the other or to incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, any charges or partner of the other nor shall it assume or purport to create any obligation expenses on behalf of the otherother party or in the other party's name without the written consent of the other party.

Appears in 1 contract

Samples: Smith Corona Corp

Relationship of the Parties. The Parties Both parties hereto are independent contractors and this Agreement shall not establish any relationship of partnership, joint venture, employment, franchise, or agency between the Partiescontractors. Neither Party shall party will have the power authority to act for and/or bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturerin any way, or partner of to represent that either is responsible for the other nor shall it assume or purport to create any obligation on behalf acts of the other. This Agreement will not be construed as forming a partnership between the parties. Either party is authorized to use the other's name as partner for marketing purposes with the other parties' written consent in each instance, which consent shall not be unreasonably withheld.

Appears in 1 contract

Samples: Previo Inc

Relationship of the Parties. The Parties parties are independent contractors with respect to one other. This Agreement does not create and this Agreement shall not establish any relationship of be construed as creating a partnership, joint venture, employment, franchise, or agency employment relationship between the Partiesparties. Neither Party party shall have the power have, and shall not represent to any third party that it has, any right to obligate or bind the other or incur obligations on the other’s behalf without the other’s prior written consentparty in any manner whatsoever. Neither Party Nothing in this Agreement shall represent itself as an agent, employee, legal representative, joint venturergive, or partner is intended to give, any rights of the other nor shall it assume or purport any kind to create any obligation on behalf of the otherthird party.

Appears in 1 contract

Samples: Data Services and License Agreement (Life360, Inc.)

Relationship of the Parties. The Parties are Each party will be deemed to be an independent contractors contractor, and this Agreement shall not establish any relationship of partnership, joint venture, employment, franchiseneither party will be, or agency between the Parties. Neither Party shall have the power hold itself out to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agentbe, a partner, employee, legal franchisee, representative, joint venturerservant, or partner agent of the other nor shall it assume party. No provision of this Agreement is intended or purport will be construed to create confer upon or give to any obligation on behalf person or entity other than Licensor, Licensor's suppliers, and you any rights, remedies, or other benefits under or by reason of the otherthis Agreement.

Appears in 1 contract

Samples: License Extension

Relationship of the Parties. The Parties are independent contractors and this contractors. This Agreement shall not establish any be construed to place the Parties in the relationship of partnershippartners, joint venture, employment, franchiseventurers, or agency between the Parties. Neither agents, and neither Party shall have the power to obligate or bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create in any obligation on behalf of the othermanner whatsoever.

Appears in 1 contract

Samples: Assumption and Stock Acquisition Agreement (Adamis Pharmaceuticals Corp)

Relationship of the Parties. The Parties are independent contractors and not agents of each other unless otherwise explicitly agreed to in writing. Nothing in this Agreement or any Work Order is intended or shall not establish any relationship of be deemed to constitute a partnership, joint ventureprincipal/agent, employment, franchiseemployer/employee, or agency between the Partiesjoint venture relationship. Neither Party shall have the power or right to bind or obligate the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agentParty, employee, legal representative, joint venturer, or partner of the other nor shall it assume hold itself out as having such authority, except to the extent, if at all, specifically provided for in this Agreement, Work Order or purport to create any obligation on behalf of the otheras authorized in writing.

Appears in 1 contract

Samples: Master Clinical Services Agreement (Acurx Pharmaceuticals, LLC)

Relationship of the Parties. The Parties are independent contractors and neither is an agent or representative of the other in performing this Agreement. This Agreement shall not establish does not, and will not, be interpreted or construed to create or evidence any relationship of partnershipassociation, joint venture, employment, franchisepartnership, or agency franchise between the Parties. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume impose any partnership or purport franchise obligation or liability on either Party, or prohibit or restrict efficiently from accepting content submissions or performing any services for or providing any products to create any obligation on behalf of the otherthird party.

Appears in 1 contract

Samples: Content Agreement

Relationship of the Parties. The Parties are independent contractors and this contractors. This Agreement shall does not establish any relationship of create a partnership, franchise, joint venture, employmentagency, franchise, fiduciary or agency employment relationship between the Parties. Neither Party shall will have the right, power or authority to make any representation or warranty (whether express or implied), or to assume or create any obligations on behalf of the other Party, or to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create in any obligation on behalf of the othermanner whatsoever.

Appears in 1 contract

Samples: Leanix Terms and Conditions

Relationship of the Parties. The Parties are independent contractors and relationship of the parties under this Agreement shall not establish any relationship be and shall at all times remain one of partnershipindependent contractor only. Neither party is an employee, joint venture, employment, franchiseagent, or agency between the Parties. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or venture partner of the other nor party. Neither party shall it have the authority to assume or purport to create any obligation on behalf of the otherother party with respect to the Products or otherwise, and shall not take any action which has the effect of creating the appearance of its having such authority.

Appears in 1 contract

Samples: Label Agreement (Larscom Inc)

Relationship of the Parties. (a) The Parties are area an independent contractors contractor, and this Agreement shall will not establish be construed to create any relationship of association, partnership, joint venture, employment, franchiseemployee, or agency relationship between the PartiesParties for any purpose. Neither Party Any of the Parties has no authority (and shall have the power not hold out as having authority) to bind the other Party and shall not make any agreements or incur obligations on the other’s behalf representations f without the other’s other Party prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.

Appears in 1 contract

Samples: Marketing Agreement

Relationship of the Parties. The Parties parties to this Agreement are independent contractors and this Agreement nothing herein contained shall not establish any relationship of partnership, be deemed to create a joint venture, employment, franchisepartner or agency relationship between the parties. Neither party shall have any power to enter into any contract or commitment in the name of, or agency between on behalf of, the Parties. Neither Party shall have the power other party, or to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create party in any obligation on behalf of the other.respect whatsoever

Appears in 1 contract

Samples: Technology License Agreement (Bizcom Usa Inc)

Relationship of the Parties. The Parties parties are independent contractors and this Agreement shall will not establish any relationship of partnership, joint venture, employment, franchise, franchise or agency between the Partiesparties. Neither Party shall part y will have the power to bind the other party or to incur any obligations on the other’s behalf its behalf, without the otherother party’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.

Appears in 1 contract

Samples: Exclusive License Agreement (American Medical Technologies Inc/De)

Relationship of the Parties. The Parties are Each Party is acting as an independent contractors contractor and this Agreement shall not establish any relationship of partnership, joint venture, employment, franchise, or agency between the Parties. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturerpartner, or partner of joint venturer with the other Party for any purpose. Except as provided in this License Agreement, neither Party shall have any right, power, nor shall it assume authority to act or purport to create any obligation obligation, express or implied, on behalf of the otherother Party. Both Parties agree that no interpretation of any provision of this License Agreement will be construed against the other Party by reason of such other Party’s role in drafting such provision or section.

Appears in 1 contract

Samples: License Agreement (American Technology Corp /De/)

Relationship of the Parties. The Parties are independent contractors and this contractors. This Agreement shall does not establish any relationship of create a partnership, franchise, joint venture, employmentagency, franchisefiduciary, or agency employment relationship between the Parties. Neither Party shall will have the power to bind the other or incur obligations on the otherother Party’s behalf without the otherother Party’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the other.

Appears in 1 contract

Samples: Subscription Agreement

Relationship of the Parties. The Parties are Each party to this Agreement is acting as an independent contractors contractor, and nothing in this Agreement shall not establish create or be construed to create any relationship of partnership, joint venture, employmentagency, franchise, sales representative or agency employment relationship between the Partiesparties. Neither Party Except as otherwise provided in this Agreement, neither party shall have the any right, power or authority to bind the other act or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation obligation, express or implied, on behalf of the other.

Appears in 1 contract

Samples: Master Toll Services Agreement (Petrosonic Energy, Inc.)

Relationship of the Parties. The Parties are independent contractors and Except as expressly provided in this Agreement shall not establish any relationship of partnershipAgreement, joint venture, employment, franchise, or agency between the Parties. Neither Party neither party shall have any right or authority whatsoever to assume or create any obligation or responsibility, express or implied, on behalf of or in the power name of the other party or to bind the other party in any manner, and any action or incur obligations on conduct of a party in breach of this provision shall be the other’s behalf without the other’s prior written consentsole responsibility and liability of such party. Neither Party the execution nor the delivery of this Agreement, nor anything contained herein, shall represent itself as an agent, employee, legal representative, create or be deemed to create a partnership or joint venturer, or partner venture between the parties. Each of the other nor parties shall it assume or purport to create any obligation on behalf of the otherat all times remain an independent contractor.

Appears in 1 contract

Samples: Technology Transfer License Agreement (Silicon South Inc)

Relationship of the Parties. The In performing this Agreement, the Parties are shall at all times be independent contractors rather than agents, partners, representatives, or employees of each other, and neither Party shall have any authority to act for or bind the other Party. Nothing in this Agreement shall not establish any relationship of be deemed to create an agency, employment, partnership, joint venture, employment, franchise, venture or agency similar relationship between the PartiesFidelity and Envestnet. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party Fidelity nor Envestnet shall represent itself as or imply in any way to Clients or any third Parties that it is an agentofficer, director, employee, legal agent, representative, partner, joint venturer, venture or partner of the other nor shall it assume or purport to create any obligation on behalf affiliate of the other.

Appears in 1 contract

Samples: Technology and Services Agreement (Envestnet, Inc.)

Relationship of the Parties. The Parties are independent contractors and this Agreement shall will have not establish any relationship of partnership, joint venture, employment, franchise, power or agency between the Parties. Neither Party shall have the power authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation or responsibility on behalf of the each other. This Agreement will not be construed to create or imply any partnership, agency or joint venture.

Appears in 1 contract

Samples: app.gocatalant.com

Relationship of the Parties. The In performing this Agreement, each of the Parties are will operate as, and have the status of, an independent contractors and contractor. Except as may be expressly set forth in this Agreement, neither Party will have the right or authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other Party, whether express or implied, or to bind the other Party in any respect whatsoever. Nothing in this Agreement shall not establish be construed as forming any relationship of partnership, joint venture, agency, employment, franchise, distributorship, dealership or agency other similar or special relationship between the Parties. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the otherParries.

Appears in 1 contract

Samples: Intellectual Property Agreement (Wolf Resources, Inc.)

Relationship of the Parties. The Parties parties are independent contractors and this contractors. This Agreement shall does not establish any relationship of create a partnership, franchise, joint venture, employmentagency, franchise, fiduciary or agency employment relationship between the Partiesparties. Neither Party party shall have the power right to obligate or bind the other party in any manner whatsoever, and nothing herein shall give or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner is intended to give any rights of the other nor shall it assume or purport any kind to create any obligation on behalf of the otherthird persons.

Appears in 1 contract

Samples: Redseal Stratus Trial Services Agreement

Relationship of the Parties. The Parties parties are independent contractors contractors, and this Agreement shall will not establish be construed in any relationship of partnership, joint ventureway to create an agency, employment, franchisepartnership, or agency joint venture relationship between the Partiesparties for any purpose whatsoever. Neither Party party shall have the have, or hold itself out as having, power or authority to bind or create liability for the other by its negligent or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, intentional act or partner of the other nor shall it assume or purport to create any obligation on behalf of the otheromission.

Appears in 1 contract

Samples: Women’s Soccer Match Agreement

Relationship of the Parties. The Parties parties are independent contractors and contracting entities. Nothing in this Agreement shall not establish any relationship of be construed to create a partnership, joint venture, employment, franchiseagency relationship, or agency between joint venture among the Partiesparties. Neither Party No party hereto shall have the power any authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation make commitments on behalf of the otherone another, nor shall any such party hold itself out as having such authority.

Appears in 1 contract

Samples: www.wishin.org

Relationship of the Parties. The Parties parties to this Agreement are independent contractors and this Agreement shall not establish any relationship of partnership, joint venture, employment, franchise, or agency between the Partiescontractors. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as party is an agent, employee, legal representative, joint venturer, agent or partner of the other nor party. Neither party shall it assume have any right, power or purport authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any obligation on behalf of the otherliability attributable to such a relationship upon either party.

Appears in 1 contract

Samples: Services Agreement (National Health Partners Inc)

Relationship of the Parties. The Parties are independent contractors and this Agreement shall not establish any parties intend to create a relationship of independent contractors, and not of partnership, co-venture, joint venture, employment, franchise, or agency between the Partiesagency. Neither Party party shall have the power to bind the other or to incur obligations on behalf of the other’s behalf other without the other’s 's prior written consent. Neither Party shall represent itself as an agentUnder no circumstances is either party intended to be, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport be deemed to create any obligation on behalf be, an agent of the other.

Appears in 1 contract

Samples: Royalty and Services Agreement (Good Guys Inc)

Relationship of the Parties. The Parties parties hereto are independent contractors and this Agreement shall not establish any relationship neither party is an employee, agent, partner or joint venturer, of partnership, joint venture, employment, franchise, or agency between the Partiesother. Neither Party party shall have the power right to bind the other to any agreement with a third party or to incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation or liability on behalf of the otherother party, and neither party shall represent that it has the power to do so.

Appears in 1 contract

Samples: Authorized Education Center Agreement (Computer Generated Solutions Inc)

Relationship of the Parties. The Parties are Each Party to this Agreement is an independent contractors contractor and nothing contained in this Agreement shall not establish any be construed to place the Parties in the relationship of partnershipemployer and employee, joint venturepartners, employment, franchiseprincipal and agent, or agency between joint venturers. Employees and agents of one Party are not employees or agents of the Parties. Neither Party other Party, shall not hold themselves out as such, and shall not have the any authority or power to bind the other Party to any contract or incur obligations on the other’s behalf without the other’s prior written consentother obligation. Neither Party shall represent act or describe itself as an agent, employee, legal representative, joint venturer, or partner the agent of the other Party nor shall it assume or purport represent that it has any authority to create any obligation make commitments on behalf of the otherother Party’s behalf.

Appears in 1 contract

Samples: Master Services Agreement (CoLucid Pharmaceuticals, Inc.)

Relationship of the Parties. The Parties acknowledge that they are independent contractors and this Agreement shall not establish any relationship of no other relationship, including partnership, joint venture, employment, franchise, master/servant or agency between the Partiesprincipal/agent is intended by this Agreement. Neither Party shall have the power right to bind or obligate the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself in any manner, whether written, verbal or otherwise, as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the otherParty.

Appears in 1 contract

Samples: Supply Agreement (XPEL, Inc.)

Relationship of the Parties. The Parties are independent contractors and this This Agreement shall will not establish any relationship of be construed as creating a partnership, joint venture, employment, franchise, or agency between the Partiesrelationship or as granting a franchise. Neither The parties are performing their obligations under these Terms as independent contractors. At no time will either Party shall have the any right, power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport authority to create any obligation or responsibility on behalf of the otherother party.

Appears in 1 contract

Samples: Pagefreezer Subscription Agreement

Relationship of the Parties. The Parties parties are independent contractors contractors, and this Agreement neither shall not establish at any relationship of partnership, joint venture, employment, franchisetime be considered, or agency between the Parties. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as to be, an agent, employee, legal representative, joint venturerassociate, or partner joint venture party of the other. Neither party shall have the authority nor hold itself out as able to bind the other party to any contract or commitment, nor shall either party be responsible for the acts or omissions of the other nor shall it assume or purport to create any obligation on behalf of the othervis-a-vis third parties.

Appears in 1 contract

Samples: Standard FMX Software Subscription Agreement

Relationship of the Parties. This Agreement shall not create or establish an agency, partnership, or joint venture between the Parties and the Parties jointly and severally disclaim any such relationship. The Parties are acting solely as independent contractors and this Agreement shall not establish neither Party owes any relationship of partnershipfiduciary, joint venturespecial, employment, franchiseimplied, or agency between the Parties. Neither Party shall have the power other duty to bind the other Party. Customer agrees and covenants not to directly or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agentindirectly solicit, employeehire, legal representative, joint venturerrecruit, or partner induce the termination of employment of any employee or contractor of Enverus during or within one year after the other nor shall it assume or purport to create any obligation on behalf of the otherTerm.

Appears in 1 contract

Samples: The Following Terms and Conditions

Relationship of the Parties. The Parties parties are independent contractors and under this Agreement shall and the parties do not establish intend to create any relationship of partnership, franchise, joint venture, employmentagency, franchiseemployer/employee, fiduciary, master/servant relationship, or agency between the Partiesother special relationship. Neither Party party shall have the power to act in a manner that expresses or implies a relationship other than that of independent contractor, nor bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither Party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other nor shall it assume or purport to create any obligation on behalf of the otherparty.

Appears in 1 contract

Samples: Intellectual Property License and Supply Agreement (Authentidate Holding Corp)

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