Common use of Board Indemnification Clause in Contracts

Board Indemnification. In the event of any legal action against the employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: (a) Within three (3) days, the employer gives notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and (b) The employer cooperates 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 employer from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of the employer's compliance with this Article. It is expressly understood that this hold harmless provision is between the Association, not IEA or NEA, and the Board. This hold harmless 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 Employer with respect to the obligations imposed upon it by this Article.

Board Indemnification. In the event of any legal action against the employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: (a) Within three (3) days, the employer gives notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and (b) The employer cooperates 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 employer from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of the employer's compliance with this Article. It is expressly understood that this his hold harmless provision is between the Association, not IEA or NEA, and the Board. This hold harmless 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 willfull misconduct by the Employer with respect to the obligations imposed upon it by this Article.