RELATIONSHIP BETWEEN PARTICIPANT AND THE COMPANY Sample Clauses

RELATIONSHIP BETWEEN PARTICIPANT AND THE COMPANY. It is expressly understood and agreed that, with respect to this Agreement and the transactions contemplated hereby, as between themselves, Participant and the Company each hereby acknowledge and agree that Participant is participating in the ownership of the Loans and the Acquired Collateral and Participant and the Company are not investing in a common enterprise or partnership with each other. Each of the Company and Participant acknowledges that it shall occupy the status of, act as and be considered independent contractors and neither shall in any event be considered an agent, creditor, partner or employee of the other, it being the intent of the parties that this Agreement shall not constitute nor be construed to create a partnership or joint venture of any kind between Participant and the Company.
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RELATIONSHIP BETWEEN PARTICIPANT AND THE COMPANY. It is expressly understood and agreed that, with respect to this Agreement and the transactions contemplated hereby, as between themselves, the Participant and the Company each hereby acknowledge and agree that the Participant is participating in the ownership of the Loans and the Acquired Collateral and the Participant and the Company are not investing in a common enterprise or partnership with each other (except, for the avoidance of doubt, for any applicable tax purposes). Each of the Company and the Participant acknowledges that it shall occupy the status of, act as and be considered independent contractors and neither shall in any event be considered an agent, creditor, partner or employee of the other, it being the intent of the parties that this Agreement shall not constitute nor be construed to create a partnership or joint venture of any kind between the Participant and the Company (except, for the avoidance of doubt, for any applicable tax purposes). The Company and the Participant hereby acknowledge and agree that, for U.S. federal income tax purposes, this Agreement shall be treated as a partnership (the “Partnership”), and the Company and Participant shall be treated as partners in the Partnership. The Partnership’s income, gain, losses, deductions, credits and distributions will be determined and reported in accordance with Subchapter K of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (the “Code”). The parties agree that the Company will be the “tax matters partner,” as such term is defined under the Code, and that any action taken by the tax matters partner in connection with tax elections or tax audits of the Partnership will, to the extent permitted by Law, be binding upon the Company and the Participant.
Sample 1

Related to RELATIONSHIP BETWEEN PARTICIPANT AND THE COMPANY

  • Relationship Between Parties Each party will be deemed to represent to the other party on the date on which it enters into a Transaction that (absent a written agreement between the parties that expressly imposes affirmative obligations to the contrary for that Transaction):

  • Disputes between an Investor and a Contracting Party (1) Any dispute concerning an investment between an investor of one Contracting Party and the other Contracting Party shall, if possible, be settled amicably.

  • Relationship between the Parties A Party is not by virtue of this Agreement the employee, agent or partner of the other Party and is not authorised to bind or represent the other Party.

  • Settlement of Disputes between an Investor and a Contracting Party (1) Any dispute between an investor of one Contracting Party and the other Contracting Party in relation to an investment of the former under this Agreement shall, as far as possible, be settled amicably through negotiations between the parties to the dispute.

  • Conflict Between this Amendment and the Agreement This Amendment shall be deemed to revise the terms and provisions of the Agreement to the extent necessary to give effect to the terms and provisions of this Amendment. In the event of a conflict between the terms and provisions of this Amendment and the terms and provisions of the Agreement this Amendment shall govern, provided, however, that the fact that a term or provision appears in this Amendment but not in the Agreement, or in the Agreement but not in this Amendment, shall not be interpreted as, or deemed grounds for finding, a conflict for purposes of this Section 4.1.

  • Disputes between a Contracting Party and an Investor of the other Contracting Party

  • Settlement of Disputes between the Contracting Parties 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channels.

  • Disputes between the Contracting Parties 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiation.

  • Relationship to the Award This Agreement shall form the complete agreement covering all terms and conditions of employment. It shall operate to the exclusion of any and all awards and supersedes any previous arrangements or agreements.

  • EMPLOYMENT RELATIONSHIPS The ORGANIZATION, its employees, volunteers or agents performing under this Agreement are not deemed to be employees of the COUNTY, nor volunteers or agents of the COUNTY in any manner whatsoever. No officer, employee, volunteer or agent of the ORGANIZATION will hold themselves out as, or claim to be, an officer, employee, volunteer or agent of the COUNTY by reason hereof, nor will they make any claim, demand or application to or for any right or privilege applicable to an officer, employee volunteer or agent of the COUNTY. The parties agree that the COUNTY will not be responsible for the payment of any industrial insurance premiums or related claims or other benefits that may arise during the performance of services under this Agreement for any ORGANIZATION employee or volunteer, or for any consultant’s, contractor’s or subcontractor’s employee(s) or agent(s) that has been retained by the ORGANIZATION.

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