Status as Consultant Clause Samples
The 'Status as Consultant' clause defines the relationship between the parties, clarifying that the individual or entity providing services is acting as an independent consultant rather than as an employee. This clause typically outlines that the consultant is responsible for their own taxes, benefits, and work methods, and is not entitled to employee benefits or subject to the same controls as staff. By establishing this distinction, the clause helps prevent misclassification issues, allocates responsibility for legal compliance, and ensures both parties understand the nature of their working arrangement.
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. 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. ▇▇▇▇▇▇ 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, ▇▇▇▇▇▇ 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, ▇▇▇▇▇▇ 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. 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.
Status as Consultant. This Contract Calls for the performance of the services of- the consultant as an independent contractor and consultant will not be considered an employee of the partnership for any purpose.
Status as Consultant. Non-compete and Non-solicitation
(a) Consultant and Company are contractors independent of one another. Consultant and Company agree:
(i) Neither has the authority to bind the other to any third person or act in any way as the representative of the other, unless expressly agreed to in writing by authorized representatives of both parties.
(ii) Consultant acknowledges and agrees that it is not an employee of Company and is in no way entitled to participate in employee benefit programs maintained by Company for its employees. Consultant further acknowledges and agrees that it is not entitled to receive workers' compensation coverage or unemployment insurance payments which might be available to Company's employees.
(b) For a period of three years from the date of this Agreement, Consultant will not directly solicit or attempt to influence, any customer of Company or Mentor Graphics, to cease doing or reduce its business with Company or Mentor Graphics.
(c) For period of three years from the date of this Agreement, Consultant shall not, whether as employee, officer, director, shareholder, partner or otherwise, directly or indirectly, have any interest in any entity (other than investment interests constituting less that 5% of publicly-held entities) or engage or assist others to engage in any activity in locations where the Company currently does business involving the planning, operation or management of (i) any business conducted by the Company, at the Effective Time as such term in defined in the Merger Agreement, or (ii) any business pursuing a business opportunity or a contemplated business opportunity of Company or any of its affiliates to the extent Consultant has had direct involvement with or exposure to information about the business opportunity or contemplated business opportunity of the Company or any of its affiliates during the Term.
(d) For a period of three years from the date of this Agreement, Consultant will not hire, solicit or encourage to leave the employ of the Company or of any of its affiliates, any employee of the Company or any of its affiliates, or hire any such employee who has left the employ of the Company or any of its affiliates, provided, however, that this clause shall not apply to the hiring of employees of the Company or its affiliates (i) while Consultant is actively employed by the Company during the term of this Agreement, (ii) during the survival of the Section by a subsequent employer of Consultant so long as Consulta...
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.
Status as Consultant. It is mutually understood and agreed that ▇▇▇▇▇▇, 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 ▇▇▇▇▇▇ under this Consulting Agreement; the manner and method of performing all duties and services of ▇▇▇▇▇▇ under this Consulting Agreement and achieving the desired results shall be under the exclusive control of ▇▇▇▇▇▇.