Common use of Contractor and Subcontractors Clause in Contracts

Contractor and Subcontractors. 5.1 The Contractor shall not be deemed to be and nothing contained in this Contract shall be construed, as making the Contractor the agent or employee of the Owner and the Contractor shall at all times be deemed to be an independent contractor. Accordingly, all persons employed or retained by the Contractor in connection with the performance of its obligations hereunder shall be its employees or those of its Subcontractors and agents as the case may be, and not the employee or agent of the Owner in any respect. Canadian Natural Resources Limited Section “B” — Terms & Conditions 5.2 Subject to any action taken by Owner under Article 5.7, nothing in this Agreement shall be deemed to constitute or authorize Contractor, any Subcontractors or any of their employees or agents, to be or act in the capacity of agent, representative or employee of Owner. Individuals employed by Contractor shall remain employees of Contractor, notwithstanding that such individuals may be assigned to work under the direction of Owner, or in the offices of Owner. Without limiting the generality of the foregoing, each Party shall separately bear and be solely responsible for the individuals that it employs and all matters associated with such employees, including without limitation, the payment of salaries and wages, income tax withholding, employment insurance and Canada Pension Plan contributions, the establishment, funding and administration of benefits plans, holiday scheduling, career management, discipline, direction of work, allocation of assignments, hiring, training, termination, liability and insurance. 5.3 Contractor shall not subcontract performance of all or any portion of the Work under this Agreement without first notifying Owner of the intended subcontracting and obtaining Owner’s approval, in writing, of the subcontracting and the Subcontractor. If requested by Owner, Contractor shall furnish Owner with a copy of the proposed subcontract. 5.4 Contractor shall be fully responsible for the acts and omissions of its Subcontractors as if such Subcontractors were employees of the Contractor. Nothing contained in this Agreement shall be construed as creating any contractual relationship between Owner and any Subcontractor of the Contractor. Subcontractors and their performance of all or any portion of the Work shall be governed by the same terms and conditions as those applicable to the Contractor set out in this Agreement to the extent possible, including without limitation the Owner’s right to audit. 5.5 Contractor covenants with Owner that any and all Subcontractors retained by Contractor for the performance of the Work under this Agreement shall, unless otherwise specified herein, comply fully with the terms, conditions and covenants contained in this Agreement as they may be applicable to that portion of the Work performed by such Subcontractor. 5.6 Notwithstanding any prior approval obtained under Article 5.3, if any event occurs or circumstance arises in relation to a Subcontractor, the Work or the Project which, in the opinion of Owner, would entitle Owner to terminate the rights of the Contractor pursuant to this Agreement if such event occurred or circumstance arose with respect to the Contractor, Owner may require the Contractor to discharge any such Subcontractor and to cancel and terminate its contract with such Subcontractor, all without cost or liability to Owner. 5.7 Owner shall retain the right, but no obligation, to appoint Contractor or any Subcontractor to act as its agent solely in respect of those matters specifically delineated by Owner in a Change Order issued to Contractor as evidence of such appointment and the scope and authority thereof.