Common use of BOARD INDEMNIFICATION IN FAIR SHARE Clause in Contracts

BOARD INDEMNIFICATION IN FAIR SHARE. ‌ In the event of any legal action against the Board and/or College brought in court or administrative agency because of its compliance with the provisions of Fair Share, the Association agrees to defend such action, at its own expenses and through its own counsel, provided: 1) The College gives immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and 2) The College agrees to cooperate with the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels. The Association agrees that in any action so defended, it will indemnify and hold harmless the Board, its members, officers, and employees from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of the College's compliance with the Fair Share process. It is expressly understood that this indemnification provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board's negligent execution of the obligations imposed upon it by the Fair Share article of this Contractual Agreement.

BOARD INDEMNIFICATION IN FAIR SHARE. ‌ In the event of any legal action against the Board and/or College brought in court or administrative agency because of its compliance with the provisions of Fair Share, the Association agrees to defend such action, at its own expenses and through its own counsel, provided: 1) The College gives immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and 2) The College agrees to cooperate with the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels. The Association agrees that in any action so defended, it will indemnify and hold harmless the Board, its members, officers, and employees from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of the College's compliance with the Fair Share process. It is expressly understood that this indemnification provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board's negligent execution of the obligations imposed upon it by the Fair Share article of this Contractual Agreement.