Civil Actions. Except where there has been gross negligence on the part of an employee, the Employer will:
(1) exempt and save harmless employees from any liability action arising from the proper performance of their duties for the Employer; and
(2) assume all costs, legal fees, and other expenses arising from any such action.
Civil Actions. Except where the Labour/Management Committee considers that there has been flagrant or wilful negligence on the part of an employee, the Employer agrees not to seek indemnity against an employee whose actions result in a judgment against the Employer. The Employer agrees to pay any judgment against an employee arising out of the performance of his/her duties. The Employer also agrees to pay any legal costs incurred in the proceedings including those of the employee.
Civil Actions. Except where there has been flagrant or wilful negligence on the part of the employee, the Employer agrees not to seek indemnity against an employee whose actions result in a judgement against the Employer. The Employer agrees to pay any judgement against an employee arising out of the performance of his duties. The Employer also agrees to pay any legal costs incurred in the proceedings including those of the employee.
Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this article:
(1) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
(2) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
(A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
Civil Actions. Except when the Joint Committee established under Article 28 considers that there has been flagrant or wilful negligence on the part of an employee, the Employer agrees not to seek indemnity against an employee whose actions result in a judgement against the Employer. The Employer agrees to pay any judgement against an employee arising out of the performance of their duties. The Employer also agrees to pay any legal costs incurred in the proceedings including those of the employee.
Civil Actions. Except where there has been gross negligence on the part of an employee, the Employer will:
Civil Actions. Upon request by the Secretary, the Attorney General may bring a civil action in the United States district court described in paragraph (b) to enforce an order issued to require compliance with this section and with the terms of the UCR Agreement.
Civil Actions. Any person defrauded by a false statement contained in an Affidavit of Domestic Partnership may bring a civil action for fraud to recover his or her losses.
Civil Actions. The Employer shall pay any judgement, including reasonable legal costs, obtained against the employee relating to the employee's course of employment without the right to recover such costs from the employee unless the conduct of the employee constituted gross or wilful negligence. If the conduct of the employee constitutes gross or wilful negligence the Employer shall not be liable for any costs associated with the employee's conduct and the employee shall indemnify the Employer for any and all costs it may incur as a result of the employee's gross or wilful negligence. If the employee chooses to appeal the original judicial decision s/he shall be solely liable for all legal costs associated with that appeal unless the Employer consents in writing to the employee that it shall support the appeal and pay all reasonable legal costs associated with the appeal on behalf of the employee. The Employer's consent is solely within the Employer's discretion.
Civil Actions. Except where the Joint Committee considers that there has been flagrant or wilful negligence on the part of a team member, the Company agrees not to seek indemnity against a team member whose actions result in a judgment against the Company. The Company agrees to pay any judgment against a team member arising out of the performance of their duties. The Company also agrees to pay any legal costs incurred in the proceedings including those of the team member.
