CLAUSE 13 Independent Contractor
13.1 This agreement does not constitute or evidence either Party the agent or legal representative of the other Party. Neither Party is authorized to create any obligation on behalf of the other Party. Nothing contained herein is intended to constitute, nor shall it be construed to constitute, a partnership or joint venture between ISUZU and Contractor or their respective affiliates.
13.2 Contractor may employ, after informing ISUZU, all employees and engage all sub-contractors or agents (including affiliates) that it considers necessary or desirable to perform the Services (the “Sub-contractors”).
13.3 For some parts of the Services where the Contractor is necessary to employ the Sub-contractors pursuant to Clause 13.2, the Contractor shall (i) appropriately manage the Sub-contractors, (ii) cause the Sub-contractor to provide the Services in compliance with terms and conditions under this Agreement and (iii) remain responsible for performance under this Agreement.
13.4 If the Contractor has employed or assigned another person under a subcontract to perform some parts of the Services even with the ISUZU’s consent, the Contractor may not cite any force majeure or defect caused by the subcontractor for any excuse. For all delays or results of the Services, the Contractor shall remain liable to ISUZU fully.