Statutory Employer. This Article shall apply only in the event and to the extent the Work is performed in Louisiana. Supplier and Owner acknowledge and agree that all work performed by Supplier are an integral part of and essential to the ability of Owner to generate its goods, products, and services. Supplier and Owner agree that Owner is and shall be deemed a statutory employer of Supplier employees providing Work under the Purchase Order for purposes of LA. REV. STAT. XXX. 23:1061(A)(3), as the same may be amended from time to time. In further consideration of the amounts to be received by Supplier pursuant to the Purchase Order, Owner and Supplier agree that Supplier shall be responsible for the payment of all compensation benefits paid to or for the benefit of Supplier’s employees. Supplier and/or Supplier’s underwriters agree that they shall have no right to seek and shall not seek any contribution or indemnity from Owner for any compensation benefits paid by Supplier and/or Supplier’s underwriters.
Statutory Employer. In all cases where SIMETRY’s employees (defined to include SIMETRY’s or its subcontractor’s direct, borrowed, special, or statutory employees) are covered by the Louisiana Workers' Compensation Act, La. R.S. 23:1021 et seq., Customer and SIMETRY agree that all work and operations performed by SIMETRY and its employees pursuant to this Agreement are an integral part of and are essential to the ability of Customer to generate Customer’s goods, products and services for purposes of La. R.S. 23:1061(A)(1). Furthermore, Customer and SIMETRY agree that Customer is the statutory employer or special employer (as defined in La. R.S. 23:1031(C)) of SIMETRY’s employees, but SIMETRY shall remain primarily responsible for the payment of Louisiana Workers' Compensation benefits to its employees, and shall not be entitled to seek contribution for any such payments from Customer or its insurers. SIMETRY agrees that its worker's compensation insurance and employer's liability insurance policies shall be endorsed to designate Customer as an alternative employer and as a principal and statutory employer or borrowing employer and shall be further endorsed to waive unconditionally those underwriter's or insurer's rights of subrogation against Customer.
Statutory Employer. In all cases where any of Seller’s personnel, including, without limitation, Seller’s direct, borrowed, special, or statutory employees (collectively, “Seller’s Personnel”) are performing Services for Buyer, the Parties acknowledge and agree that Seller’s Personnel shall be statutory employees of Buyer for the sole purpose of any and all workers’ compensation laws in effect in the jurisdiction in which the Services are performed (the “Applicable Jurisdiction”). Buyer and Seller agree that all Services performed by Seller and Seller’s Personnel pursuant to this Order are a part or process in the trade or business of Buyer, meaning that it is part of an ongoing and integral business process that is regular, ordinary, and routine to the operation of Buyer’s business or that is otherwise routinely done by Xxxxx’s direct employees. Without regard to Buyer’s status as the statutory employer of Seller’s Personnel, Seller shall maintain sole responsibility for the payment of workers’ compensation benefits to Seller’s Personnel in accordance with the laws and regulations of the Applicable Jurisdiction and shall not be entitled to seek reimbursement or contribution for any such payment from Buyer, and shall fully indemnify Buyer 1 of 10 pages Standard Terms-Services {S0004526.1} for any payment made to Seller’s Personnel as a result of the statutory employer relationship. Nothing in this provision shall limit, restrict, or supersede any other indemnity, insurance, or other obligation or liability on the part of Seller provided for in this for any injury, loss, or damage to Seller’s Personnel arising out of the Services performed under this Order.
Statutory Employer. In the event the laws of the State of Louisiana govern this Alliance Agreement, the parties agree as follows: The work performed by CONTRACTOR pursuant to this Alliance Agreement is part of OPERATOR'S trade, business or occupation. As such, CONTRACTOR'S work constitutes an integral part of OPERATOR'S business necessary to generate OPERATOR'S goods, products and services. The parties recognize OPERATOR as the statutory employer of CONTRACTOR'S employees; and OPERATOR'S legal status as a statutory employer in no way effects the CONTRACTOR'S status as an independent contractor, nor does it give OPERATOR the right to direct or control the operations of the CONTRACTOR or its employees and agents, except as to the results to be obtained under this Alliance Agreement.
Statutory Employer. Pursuant to the provisions of Louisiana R. S. 23:1031 and Louisiana R. S. 23:1061 as amended by Act 315 of the 1997 Regular Legislative Session and for the purpose of this Agreement, the Parties jointly agree, stipulate and recognize that any persons, including the OLH Personnel, LSU Personnel, any subcontractors or any other persons for whom a Party providing Support Services may be responsible, as applicable, shall be the statutory employees of the Party to whom the Support Services are being provided. The OLH Parties and LSU further stipulate, agree and recognize that all Support Services provided under this Agreement shall be considered part of the trade, business or occupation of the Party to whom the Support Services are being provided and shall be specifically considered an integral part of or essential to the ability of that Party to generate its goods, products or services.
Statutory Employer. In all cases where STARCOMM’s employees (defined to include The terms of this section apply to, and includes, Customer’s and STARCOMM’s respective affiliates. comprising any Rental when not being used in conjunction with related Services under this Agreement, (iii) STARCOMM’s or its subcontractor’s direct, borrowed, special, or statutory employees) are covered by the
Statutory Employer. To the extent the Services pursuant to this Agreement are being performed in the State of Louisiana, Mosaic and Supplier hereby agree that Mosaic be and hereby is designated as the statutory employer of Supplier’s direct and statutory employees, pursuant to Labor and Worker’s Compensation - LaR.S. 23:1061(A)(3). Mosaic and Supplier further agree that the services required of Supplier and its direct and statutory employees pursuant to this Agreement, are an integral part of and essential to Mosaic’s ability to generate goods, products, and services.
Statutory Employer. In all cases where Operator’s employees (meaning Operator’s direct, borrowed, special or statutory employees) are covered by the Louisiana Worker’s Compensation Act, La. R.S. 23:1021 et seq., Owner and Operator agree that Owner and each of Owner’s Affiliates shall be and hereby is designated as the statutory employer of Operator’s direct, borrowed, special and statutory employees, pursuant to La. R.S. 23:1061(A)(3). Owner and Operator further agree that the Services are an integral part of and essential to ability of Owner and each Owner’s Affiliate to generate its respective goods, products and services. This provision is included for the sole purpose of establishing a statutory employer relationship to gain the benefits expressed in La. R.S. 23:1061, and is not intended to create an employer/employee relationship for any other purpose. Notwithstanding anything in this Agreement to the contrary, including Section 7.3, in the event that Owner or any of Owner’s Affiliates is required to pay worker’s compensation benefits to Operator’s direct, borrowed, special or statutory employees, whether as a statutory employer pursuant to La. R.S. 23:1061 or as a special employer pursuant to La. R.S. 23:1031(C), Owner and each of its Affiliates shall, to the maximum extent permitted by Law, be entitled to indemnity from Operator for any such benefit payments. Neither Operator nor its underwriters shall be entitled to seek contribution from Owner or any of Owner’s Affiliates for any worker’s compensation benefits payments made on behalf of any of Operator’s direct, borrowed, special or statutory employees for purposes of La. R.S. 23:1031(C).
Statutory Employer. In all cases where Supplier’s employees (meaning Supplier’s direct, borrowed, special or statutory employees) are covered by the Louisiana Worker’s Compensation Act, La. R.S. 23:1021 et seq., Mosaic and Supplier agree that Mosaic and each of its Affiliates shall be and hereby are designated as the statutory employer of Supplier’s direct, borrowed, special and statutory employees, pursuant to La. R.S. 23:1061(A)(3). Mosaic and Supplier further agree that the Goods and/or Services to be provided by Supplier are an integral part of and essential to Mosaic’s and its Affiliates’ ability to generate their respective goods, products and services. This provision is included for the sole purpose of establishing a statutory employer relationship to gain the benefits expressed in La. R.S. 23:1061 and is not intended to create an employer/employee relationship for any other purpose. In the event that Mosaic or any of its Affiliates is required to pay worker's compensation benefits to Supplier’s direct, borrowed, special or statutory employees, whether as a statutory employer pursuant to La. R.S. 23:1061 or as a special employer pursuant to La. R.S. 23:1031(C), to the maximum extent permitted by applicable law, Mosaic and any such Affiliate shall be entitled to indemnity from Supplier for any such benefit payments. Neither Supplier nor its underwriters shall be entitled to seek contribution from Mosaic or its Affiliates for any worker’s compensation benefits payments made on behalf of any of Supplier’s direct, borrowed, special or statutory employees for purposes of La. R.S. 23:1031(C).
Statutory Employer. Notwithstanding anything to the contrary in this Agreement, for purposes of the Louisiana Worker’s Compensation Law, La. R.S. 23:1021 et seq., Owner and PBFH agree that the work performed by PBFH and its employees or employees of PBFH’s Affiliates (including PBFH’s direct, borrowed, special or statutory employees) (such persons collectively, “PBFH’s Employees”) pursuant to this Agreement are an integral part of and are essential to the ability of Owner to generate Owner’s work and the Services shall be considered part of Owner’s trade, business, and occupation for purposes of La. R.S. 23:1061(A)(1). Furthermore, Owner and PBFH agree that Owner is the principal or statutory employer of PBFH’s Employees for purposes of La. R.S. 23:1061(A) only. Irrespective of Owner’s status either as the statutory employer or as the special employer (as defined in La. R.S. 23:1031(C)) of PBFH’s Employees, and regardless of any other relationship or alleged relationship between Owner and PBFH’s Employees, PBFH shall be and remain at all times primarily and exclusively responsible for the payment of Louisiana Worker’s Compensation benefits to PBFH’s Employees, and neither PBFH nor its underwriters and Affiliates shall be entitled to seek contribution for any such payments from Owner. PBFH shall keep Owner harmless and indemnified from any payment that Owner should be required to make pursuant to a Claim of a PBFH’s Employee and/or a PBFH’s underwriter and/or Affiliate and/or as a consequence of an order of a Governmental Authority in relation to a payment of Louisiana Worker’s Compensation benefits to PBFH’s Employees.
