Frontier Airlines 2006 Annual Report Download - page 264

pays for any loss, damage or expense suffered by the Indemnified Party hereunder. If the Indemnifying Party does not accept financial
responsibility for the third party claim or fails to defend against the third party claim that is the subject of an Indemnity Notice within
30 days of receiving such notice (or sooner if the nature of the third party claim so requires), or otherwise contests its obligation to
indemnify the Indemnified Party in connection therewith, the Indemnified Party may, upon providing written notice to the
Indemnifying Party, pay, compromise or defend such third party claim without the prior consent of the (otherwise) Indemnifying
Party. In the latter event, the Indemnified Party, by proceeding to defend itself or settle the matter, does not waive any of its rights
hereunder to later seek reimbursement from the Indemnifying Party.
Section 7.04 Employer's Liability; Independent Contractors; Waiver of Control
(a) Employer's Liability and Workers' Compensation. Each party hereto assumes full responsibility for its
employer's and workers' compensation liability to its respective officers, directors, employees or agents on account of injury or death
resulting from or sustained in the performance of their respective service under this Agreement. Each party, with respect to its own
employees, accepts full and exclusive liability for the payment of workers' compensation and employer's liability insurance premiums
with respect to such employees, and for the payment of all taxes, contributions or other payments for unemployment compensation or
old age or retirement benefits, pensions or annuities now or hereafter imposed upon employers by the government of the United States
or any other governmental body, including state, local or foreign, with respect to such employees measured by the wages, salaries,
compensation or other remuneration paid to such employees, or otherwise.
(b) Employees, etc., of RAI. The employees, agents, and independent contractors of RAI engaged in performing
any of the services RAI is to perform pursuant to this Agreement are employees, agents, and independent contractors of RAI for all
purposes, and under no circumstances will be deemed to be employees, agents or independent contractors of Frontier. In its
performance under this Agreement, RAI will act, for all purposes, as an independent contractor and not as an agent for Frontier.
Notwithstanding the fact that RAI has agreed to follow certain procedures, instructions and standards of service of Frontier pursuant to
this Agreement, Frontier will have no supervisory power or control over any employees, agents or independent contractors engaged by
RAI in connection with its performance hereunder, and all complaints or requested changes in procedures made by Frontier will, in all
events, be transmitted by Frontier to RAI's designated representative. Nothing contained in this Agreement is intended to limit or
condition RAI's control over its operations or the conduct of its business as an air carrier.
Source: REPUBLIC AIRWAYS HOLDINGS INC, 10-K, March 15, 2007 Powered by Morningstar® Document Research℠