Separate Status Clause Samples
The Separate Status clause establishes that the parties involved in an agreement remain independent entities and do not form a partnership, joint venture, or employer-employee relationship by virtue of the contract. In practice, this means that each party is responsible for its own actions, obligations, and liabilities, and neither party can bind the other to third-party agreements or commitments. This clause is essential for clarifying the legal relationship between the parties and preventing misunderstandings or unintended legal obligations that could arise from their collaboration.
POPULAR SAMPLE Copied 2 times
Separate Status. The Plan Administrator will perform the tests listed in this Section 12.05(A) separately for each Participating Employer, with respect to the Employees of that Participating Employer. For this purpose, the Employees of a Participating Employer, and their allocations and Accounts, will be treated as though they were in separate plan. Any Plan correction under Section 7.08 will only affect the Employees of the Participating Employer. The tests subject to this separate treatment are:
Separate Status. The Plan Administrator will apply the definition of Compensation and perform the tests listed in this Section, separately for each Participating Employer other than an Affiliated Employer of such Participating Employer. For this purpose, the Employees of each Participating Employer (and its Affiliated Employers), and their allocations and accounts, shall be treated as though they were in separate plan. Any correction action, such as additional contributions or corrective distributions, shall only affect the Employees of the Participating Employer (and its Affiliated Employers, if any). The tests subject to this separate treatment are:
(1) The ADP Test.
(2) The ACP Test.
(3) Nondiscrimination testing as described in Code Section 401(a)(4) and the applicable Regulations.
(4) Coverage testing as described in Code Section 410(b) and the Regulations.
(5) Status as a Highly Compensated Employee under Section 1.36.
Separate Status. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the Parties in their respective businesses or otherwise, nor shall it cause them to be considered joint ventures or members of any joint enterprise.
Separate Status. The Administrator shall perform the tests listed below separately for each Participating Employer, with respect to the Employees of that Participating Employer. For this purpose, the Employees of a Participating Employer, and their allocations and accounts, shall be treated as though they were in separate plan. Any correction action, such as additional contributions or corrective distributions, shall only affect the Employees of the Participating Employer. The tests subject to this separate treatment are: