Independent Architect Clause Samples
Independent Architect. The Architect shall be, and is, an independent contractor, is not an employee or agent of the AOC, and is not covered by any employee benefit plans provided to the AOC’s employees. The Architect is, and shall be, liable for its own acts and omissions as well as those of its employees, its subcontractors and its agents. Nothing in this Agreement shall be construed as creating an employment or agency relationship between the AOC and the Architect. The Architect will determine the method, details and means of performing its responsibilities with regard to the Services, including, without limitation, exercising full control over the employment, direction, compensation and discharge of all persons assisting the Architect in the performance of the Services. The Architect shall be solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding, any and all employee benefits, and all regulations governing such matters.
Independent Architect. 10.1 In the event of the Principal Agent and the disputing party not being able to reach an agreement in respect of those matters referred to in clause 9.2 within the 3 (three) day period, then any one of the Parties shall be entitled to refer the matter to the Independent Architect.
10.2 The Parties agree that the referral of a matter to the Independent Architect in accordance with the provisions of this Agreement shall be subject to the following provisions –
10.2.1 the Independent Architect shall act as an expert and not as an arbitrator;
10.2.2 each Party shall be entitled to make representations to the Independent Architect in such manner and form as the Independent Architect shall determine in his sole discretion;
10.2.3 if this Agreement is found to be lacking in any material respect in relation to the matter concerned, the Independent Architect shall be entitled to interpret and give effect to what he perceives to be the general intent of the Parties in the context of this Agreement and to make the determination accordingly;
10.2.4 the Independent Architect shall be entitled to obtain further advice in relation to the matter concerned;
10.2.5 it is the intention that determination shall be made as quickly and in the most effective manner reasonably possible in the circumstances;
10.2.6 the fees of the Independent Architect and any costs incurred by the Independent Architect shall be borne and paid for by the Party determined by the Independent Architect. Any other costs which the Parties may incur in relation to the determination shall be for their own account; and
10.2.7 the determination of the Independent Architect shall, in the absence of manifest error, be final and binding on the Parties and shall not be subject to appeal or review.
Independent Architect. In the performance of work or services hereunder, Architect shall be deemed an independent Architect, and any of its agents, employees, officers, or volunteers performing work required hereunder shall be deemed solely as employees of Architect. Architect and its agents, employees, officers, or volunteers shall not, by performing work pursuant to this Agreement, be deemed to be employees, agents, or servants of County and shall not be entitled to any of the privileges or benefits of County employment.
Independent Architect. Disputes arising in connection with the --------------------- approvals required under this Section 2.2 shall be referred to Hellmuth, Obata & Kassabaum (the "Independent Architect") for binding arbitration. These arbitration proceedings shall be conducted in Tampa, Florida and the parties acknowledge the Contractor shall be included as a party to the binding arbitration. With respect to any binding arbitration conducted under this Section, Independent Architect shall enter a final written decision within five (5) days of the receipt of the proposed Final Plans and Specifications and written comments of each party. Neither party can dismiss the Independent Architect appointed hereunder without the written consent of the other party. Should the Independent Architect be dismissed by mutual agreement of the parties or should the Independent Architect resign this appointment, a new independent third party architect will be selected by mutual agreement of the parties. The Independent Architect's reasonable fees and costs shall be shared equally between Landlord and Tenant.
Independent Architect. An independent architect selected by the --------------------- Mortgagor, and acceptable to the Beneficiary, such acceptance not to be unreasonably withheld or delayed, licensed to practice in the State in which the applicable Property is located, having at least ten (10) years of experience, and not affiliated with the Mortgagor.
Independent Architect. Nothing stated in this Agreement is intended or should be construed in any manner as creating or establishing a relationship of co-partners between the parties, or as constituting the Architect (including its officers, employees, and agents) as the agent, representative, or employee of the City for any purpose, or in any manner, whatsoever. The Architect is to be and shall remain forever an independent architect with respect to all Services performed under this Agreement.
Independent Architect. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of CONSULTANT’S services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement.
Independent Architect. 9.1 The Architect and/or its employees, agents and representatives shall perform all services hereunder as an independent Architect on a non- exclusive basis and nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of Principal and agent or, master and servant or, employer and employee between the Parties hereto or any affiliates or subsidiaries thereof or, to provide either Party with the right, power or authority, whether expressed or implied to create any such duty or obligation on behalf of the other Party. The Architect acknowledges that its rendering of Services is solely within its own control subject to the terms and conditions agreed upon and agrees not to hold itself to be an employee, agent or servant of Principal or any subsidiary or affiliate thereof.
9.2 The Architect’s personnel, employees, agents, consultants of the Architect shall have no authority/right to bind Principal in any manner. The Architect acknowledges and agrees that the employees/personnel of the Architect shall always remain on the pay rolls/ employment of the Architect. It shall be the responsibility of the Architect to comply with all statutory responsibilities and obligations in respect of the employees and no nexus either directly or indirectly be established between the employees/personnel of the Architect and Principal.