ARTICLE 2 – INDEPENDENT CONTRACTOR
Distributor is not an agent, representative, partner, fiduciary or franchisee of Agfa and has no right to sell franchises or to become a franchisee. Nothing in this Agreement or any other agreement between the Parties or in the course of business or course of performance between the Parties shall make either Party a representative, agent, joint venture, partner, fiduciary or franchisee of the other. Distributor shall not make any statements or representations to the contrary. No Party shall have any authority to legally bind the other in any way whatsoever. In all of their respective performance hereunder, the Parties are acting solely as independent contractors. Distributor shall assume and accept all responsibilities that are imposed on independent contractors by any statute, regulation, or rule of law. Accordingly, Distributor shall have sole and exclusive responsibility for the payment of all federal, state, and local income taxes, for all unemployment, workers compensation, and disability insurance, and for social security and other similar taxes. Distributor and its employees, agents and representatives shall not be entitled to participate in any employee benefit plans, or other benefits or conditions of any employment available to the employees of Agfa, including, but not limited to, paid holidays.
ARTICLE 2 – INDEPENDENT CONTRACTOR
Distributor is not an agent, representative, partner, fiduciary or franchisee of Agfa and has no right to sell franchises or to become a franchisee. Nothing in this Agreement or any other agreement between the Parties or in the course of business or course of performance between the Parties shall make either Party a representative, agent, joint venture, partner, fiduciary or franchisee of the other. Distributor shall not make any statements or representations to the contrary. No Party shall have any authority to legally bind the other in any way whatsoever. In all of their respective performance hereunder, the Parties are acting solely as independent contractors. Distributor shall assume and accept all responsibilities that are imposed on independent contractors by any statute, regulation, or rule of law. Accordingly, Distributor shall have sole and exclusive responsibility for the payment of all federal, state, and local income taxes, for all unemployment, workers compensation, and disability insurance, and for social security and other similar taxes. Distributor and its employees, agents and representatives shall not be entitled to participate in any employee benefit plans, or other benefits or conditions of any employment available to the employees of Agfa, including, but not limited to, paid holidays.
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