Common use of Civil and Criminal Liability Clause in Contracts

Civil and Criminal Liability. If an action or proceeding is brought against any employee covered by this Agreement for an alleged tort or criminal act committed by him/her in the performance of his/her duties, provided such actions did not constitute a serious disregard or neglect of his/her duties as an employee, then: (a) The employee, upon being served with any legal process, or upon receipt of notification of any action or proceedings as hereinbefore referred to being commenced against him/her, shall advise the Employer of any such notification or legal process; (b) The Employer shall pay any damages or costs awarded against any such employee in such action or proceedings and all legal fees; and/or (c) The Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the Employer before the same is finalized; (d) Upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee (or their representatives) shall forthwith appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on such counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to cooperate fully with the appointed counsel. This section shall not be construed to mean that the Employer shall pay any costs, expenses or fees (or be responsible for any financial losses) for such member incurred during, or as a result of, the Employer's internal disciplinary proceedings against such member.

Civil and Criminal Liability. If an action or proceeding is brought against any employee covered by this Agreement for an alleged tort or criminal act committed by him/her in the performance of his/her duties, provided such actions did not constitute a serious disregard or neglect of his/her duties as an employee, then: (a) The employee, upon being served with any legal process, or upon receipt of notification of any action or proceedings as hereinbefore herein before referred to being commenced against him/her, shall advise the Employer of any such notification or legal process; (b) The Employer shall pay any damages or costs awarded against any such employee in such action or proceedings and all legal fees; and/or (c) The Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the Employer before the same is finalized; (d) Upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee (or their representatives) shall forthwith appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on such counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to cooperate fully with the appointed counsel. This section shall not be construed to mean that the Employer shall pay any costs, expenses or fees (or be responsible for any financial losses) for such member incurred during, or as a result of, the Employer's internal disciplinary proceedings against such member.