Status of Physician. Subject to the limitations described in this Agreement, the parties understand and agree that Physician is an independent contractor and not an employee of the Corporation. The Corporation shall neither have nor exercise any control or direction over the methods or manner by which Physician or his personnel perform their professional services and functions. Physician and his personnel or those of the Practice shall not be subject to any procedures applicable to hospital employees, shall not be eligible for any employee benefit plan offered by the Corporation, and shall not be entitled to employee benefits including vacation pay, sick leave, retirement benefits, Social Security, Workers’ Compensation, disability or unemployment insurance benefits that may be provided to the Corporation’s employees.
Status of Physician. The parties expressly acknowledge that Physician, in the performance of services hereunder, is an employee of Clinic. Accordingly, Clinic shall deduct from all compensation paid to Physician pursuant to this Agreement any sums required to be deducted by law or any other requirement of any governmental body.
Status of Physician. It is expressly acknowledged by the parties hereto that Physician, in performing Physician’s duties and obligations under this Agreement, is an “independent contractor” and nothing in this Agreement is intended nor shall be construed to create an employer/employee relationship, a joint venture relationship, or to allow Agency to exercise control or direction over the manner or method by which Physician performs the services which are the subject matter of this Agreement; provided, always, that the services to be furnished hereunder by Physician shall be provided in a manner consistent with Program Policies, the standard governing such services, and the provisions of this Agreement. Physician understands and agrees that, unless otherwise required under applicable federal income tax laws or the term of any agreement between Agency and the Internal Revenue Service, (i) Physician will not be treated as an employee for federal tax purposes; (ii) Agency will not withhold on behalf of Physician pursuant to this Agreement any sums for income tax, unemployment insurance, social security, retirement benefits, or any other withholding pursuant to any law or requirement of any governmental body relating to Physician, or make available to Physician any of the benefits afforded to employees of Agency; (iii) all of such payments, withholdings, and benefits, if any, are the sole responsibility of Physician; and (iv) Physician will indemnify and hold harmless Agency from any and all loss or liability arising with respect to such payments, withholding, or benefits, if any.
