Status as Consultant. During the Consulting Period, Executive shall be an independent contractor of the Company and not an employee.
Status as Consultant. Consultant understands and agrees that Consultant is an independent contractor and that Consultant is not an agent or employee of Cardima and has no authority to bind Cardima by contract or otherwise.
Status as Consultant. Xxxxxx agrees to perform the Consulting Services as an independent contractor, and not as an employee, agent, or representative of the Company or any other member of the Company Group, and unless authorized in writing by the Company, Xxxxxx shall not have the power or authority to act on behalf of, or bind in any way, the Company or any other member of the Company Group. As an independent contractor, Xxxxxx will be solely responsible for payment of all applicable taxes payable in respect of amounts payable to him under this Agreement, and neither the Company nor any other member of the Company Group will withhold for taxes from any such amounts.
Status as Consultant. During the Consulting Period, Executive acknowledges that Executive shall be an independent contractor of the Company and not an employee. Subject to the Company’s payment obligations under Section 5(c) below, the Company shall be entitled to terminate the Consulting Period on ninety (90) days’ prior written notice to Executive and Executive shall be entitled to terminate the Consulting Period on ninety (90) days’ prior written notice to the Company, which Company or Executive notice may not be given prior to June 30, 2010.
Status as Consultant. Notwithstanding any provision of this Agreement to the contrary, during the Consulting Period, Executive acknowledges that he is and shall at all times be an independent contractor, he is not an agent or employee of the Company and he is not authorized to bind the Company or otherwise act on behalf of the Company. Nothing herein contained shall be deemed to create an agency, joint venture, partnership or franchise relationship between the parties hereto. After the Termination Date, Executive shall have no right under this Agreement, or as a result of his Services to the Company, to participate in any employee, retirement, insurance or other benefit program of the Company (except to the extent Executive elects to and is eligible to receive continued healthcare coverage pursuant to the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), for himself and any covered dependents), nor will the Company make any deductions from Executive’s compensation for taxes, the payment of which shall be solely Executive’s responsibility. Executive represents and warrants that neither this Agreement nor the performance thereof will conflict with or violate any obligation of Executive or right of any third party. This Agreement does not limit the authority of the Company to enter into other contracts with other independent contractors. Consistent with Executive’s status as an independent contractor during the Consulting Period, this Agreement does not preclude Executive from providing consulting or other services as an independent contractor or from commencing employment with any other entity, consistent with his obligations under this Agreement.
Status as Consultant. It is mutually understood and agreed that Xxxxxx, while performing all responsibilities under this Consulting Agreement, is and shall at all times be, act, function, and perform all services and responsibilities in the legal capacity of an independent contractor of Oxis and as the Chief Executive Officer of the Company. It is understood and agreed that Oxis and the Company are interested only in the scientific and other results to be achieved by Xxxxxx under this Consulting Agreement; the manner and method of performing all duties and services of Xxxxxx under this Consulting Agreement and achieving the desired results shall be under the exclusive control of Xxxxxx.
Status as Consultant. Neither Xxxxxx Capital nor any of its shareholders, directors, officers, employees, agents or representatives shall have the authority to act as an agent of ACE, except an authority specifically delegated in writing by ACE, and shall not represent to the contrary to any person. Xxxxxx Capital and its employees shall only consult, render advice and perform such tasks as Xxxxxx Capital determines are necessary to achieve the results specified by ACE and shall not direct the work of any employee of ACE, or make any management decisions, or undertake to commit ACE to any course of action in relation to third persons. Although ACE may specify the results to be achieved by Xxxxxx Capital and may control Xxxxxx Capital in that regard, ACE shall not control or direct Xxxxxx Capital as to the details or means by which such results are accomplished. It is intended that the amounts payable hereunder during or after the Term shall constitute revenues to Xxxxxx Capital. To the extent consistent with applicable law, ACE will not withhold any amounts therefrom as federal income tax withholding from wages or as employee contributions under the Federal Insurance Contributions Ace or any other state or federal laws. Xxxxxx Capital shall be solely responsible for the withholding and/or payment of any federal, state or local income or payroll taxes.
Status as Consultant. Neither ALX nor any of its shareholders, directors, officers, employees, agents or representatives shall have the authority to act as an agent of Iron Link, except an authority specifically delegated in writing by Iron Link TV, and shall not represent to the contrary to any person. ALX and its employees shall only consult, render advice and perform such tasks as ALX determines are necessary to achieve the results specified by Iron Link TV and shall not direct the work of any employee of Iron Link TV, or make any management decisions, or undertake to commit Iron Link to any course of action in relation to third persons. Although Iron Link TV may specify the results to be achieved by ALX and may control ALX in that regard, Iron Link shall not control or direct ALX as to the details or means by which such results are accomplished. It is intended that the amounts payable hereunder during or after the Term shall constitute revenues to ALX. To the extent consistent with applicable law, Iron Link TV will not withhold any amounts therefrom as federal income tax withholding from wages or as employee contributions to Canada Pension Plan, Employment Insurance or any other provincial or federal laws. ALX shall be solely responsible for the withholding and/or payment of any federal, provincial or local income or payroll taxes.
Status as Consultant. During the Consulting Period, Executive shall be an independent contractor of the Company and not an employee. There shall be no break in service as a result of Executive’s conversion from an employee to an independent contractor and consultant for purposes of Executive’s Stock Awards. For purposes of this Agreement, “Stock Awards” means all stock options, stock appreciation rights, restricted stock, long-term incentive plan units (“LTIP Units”) and such other awards granted pursuant to the Company’s stock option and equity incentive award plans or agreements and any shares of stock issued upon exercise thereof.
Status as Consultant. Nothing herein contained shall be construed to constitute the parties hereto, with respect to the Consulting Period, as partners or as joint venturers, or either as agent of the other, or as employer and employee. By virtue of the relationship described herein, the Executive’s relationship to the Company during the Consulting Period shall be that of an independent contractor only and the Executive shall perform all services pursuant to this Agreement in respect of the Consulting Period without the power to bind or represent the Company for any purpose whatsoever. The Executive shall not provide any services under the Company’s business name during the Consulting Period and shall not present himself as an employee of the Company during the Consulting Period. Subject only to such specific limitations as are contained in this Agreement, the manner, means, details or methods by which the Executive performs his obligations under this Agreement during the Consulting Period shall be solely within the Executive’s discretion. The Company shall not have the authority to, nor shall it, supervise, direct or control the manner, means, details or methods utilized by the Executive to perform his obligations under this Agreement during the Consulting Period and nothing in this Agreement shall be construed to grant the Company any such authority.
