Common use of Board Held Harmless Clause in Contracts

Board Held Harmless. In the event of any action against the Board brought in court or administrative agency because of its compliance with the agency shop provision of this agreement, the Association agrees to defend such action, at its own expense and through its own counsel, and to indemnify and hold harmless the Board from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of the Board's compliance with such agency shop provision, but this does not include any liability for unemployment compensation, provided: (1) The Board gives timely notice of such action to the Association and (2) The Board gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and appellate levels. (3) The damages have not resulted from the negligence, misfeasance or malfeasance of the Board or its agent. (4) The Association, after consultation with the Board, has the right to decide whether or not to appeal the decision of any court or other tribunal regarding the validity of the section or the defense, which may be assessed against the Board by any court or tribunal. (5) The Association shall have the right to compromise or settle any claim made against the Board under this section after notice to and consultation with the Board.

Board Held Harmless. In the event of any action against the Board brought in court or administrative agency because of its compliance with the agency shop provision of this agreement, the Association agrees to defend such action, at its own expense and through its own counsel, and to indemnify and hold harmless the Board from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of the Board's ’s compliance with such agency shop provision, but this does not include any liability for unemployment compensation, provided: (1) The Board gives timely notice of such action to the Association and (2) The Board gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and appellate levels. (3) The damages have not resulted from the negligence, misfeasance or malfeasance of the Board or its agent. (4) The Association, after consultation with the Board, has the right to decide whether or not to appeal the decision of any court or other tribunal regarding the validity of the section or the defense, which may be assessed against the Board by any court or tribunal. (5) The Association shall have the right to compromise or settle any claim made against the Board under this section after notice to and consultation with the Board.