Status of Subcontractor. A. Nothing in this Agreement shall cause Subcontractor in any way to be construed as a partner or joint venturer with, or an employee of, Company in connection with or arising from Subcontractor’s performance of the Work under this Agreement. Company retains Subcontractor only for the purposes and to the extent as set forth in this Agreement and the SOWs, and Subcontractor’s relation to Company during the Term shall be that of an independent Subcontractor and nothing herein shall create or imply any other or different relationship. B. Subcontractor acknowledges that: (a) nothing herein constitutes the exercise by Company of control or direction over the manner or method by which Subcontractor will perform the Work; (b) Subcontractor is solely responsible for the withholding and payment of all federal, state and local income, social security and unemployment taxes, salaries, and other payments required to be made by it from funds received from Company hereunder; and (c) Company is not required to and will not provide any workers’ compensation or other insurance coverage of any nature, or any other unemployment, medical, dental, welfare or pension benefits to Subcontractor or any of its employees or subcontractors. Subcontractor acknowledges that persons performing Work are employees, agents or subcontractors of Subcontractor and Subcontractor shall exercise full control and supervision over such persons.
Appears in 2 contracts
Sources: Asset Purchase Agreement, Asset Purchase Agreement (UniTek Global Services, Inc.)