Common use of Performance of the Vendor Clause in Contracts

Performance of the Vendor. 5. In the performance of service under this AGREEMENT, the Vendor acts at all times as an independent contractor. There is no relationship of employment or agency between MAPC, on the one hand, and the Vendor on the other, and neither party shall have nor exercise any control or direction over the method by which the other performs its work or functions aside from such control or directions as provided in this AGREEMENT which the parties view as consistent with their independent Vendor relationship. 6. The Vendor agrees to be responsible for and warrantee the work of any subcontractors it hires and that are listed in Exhibit D and will ensure their compliance with all legal, quality and performance requirements of the Invitation for Bids [“IFB”] – IFB # MAPC 2021 Eastern Grocery for Schools attached in Exhibit B; and the Vendor’s Bid attached in Exhibit F. The Vendor may not use subcontractors not named in Exhibit D without the prior written consent of MAPC, which will not unreasonably be withheld.

Performance of the Vendor. 56. In the performance of service under this AGREEMENT, the Vendor acts at all times as an independent contractor. There is no relationship of employment or agency between MAPC, on the one hand, and the Vendor on the other, and neither party shall have nor exercise exercised any control or direction over the method by which the other performs its work or functions aside from such control or directions as provided in this AGREEMENT which the parties view as consistent with their independent Vendor relationship. 67. The Vendor agrees to be responsible for and warrantee the work of any subcontractors it hires and that are listed in Exhibit D and will ensure their compliance with all legal, quality and performance requirements of the Invitation for Bids [“IFB”] – IFB # MAPC 2021 Eastern Grocery for Schools MSBG 2023 Paper attached in Exhibit B; and the Vendor’s Bid attached in Exhibit F. The Vendor may not use subcontractors not named in Exhibit D without the prior written consent of MAPC, which will not unreasonably be withheld.