Civil Liability Clause Samples
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Civil Liability. 46.01 If an action or proceeding is brought against any Employee or former Employee covered by this Agreement for an alleged tort committed by the Employee in the performance of duties, then:
(a) The Employee or former Employee, upon being served with any legal process, or upon receipt of any action or proceeding as referred to in this Article, being commenced against him or her shall advise the CAO of any such notification or legal process;
(b) The Employer shall pay:
(i) any damages or costs awarded against any such Employee in any such action or proceedings and all legal fees, and/or
(ii) any sum required to be paid by such Employee in connection with the settlement of any claim made against such Employee provided the conduct of the Employee which gave rise to the action did not constitute a gross disregard or neglect of his/her duty as an Employee.
(c) No Employee shall enter into any settlement agreement without the express written authority of the Employer and if an Employee does enter into such settlement agreement without proper authorization the Employee agrees to waive any rights provided to him/her under this Article.
(i) Subject to subparagraph (ii), upon notification to the Employer by the Employee in accordance with paragraph (a), the Employer and the Employee shall forthwith meet and appoint mutually agreeable legal counsel.
(ii) Should the Employer and the Employee be unable to agree on the choice of legal counsel, the Employer shall unilaterally appoint legal counsel, with whom the Employee agrees to cooperate fully.
(e) If, upon adjudication of a matter arising out of this Article there is a finding that the Employee was not acting in the performance of his/her duties at the time of the alleged tort then the Employee shall be indebted to the Employer for an amount equal to the expenses incurred by the Employer on behalf of the Employee pursuant to this Article and such amount shall be recovered from the Employee. An appropriate recovery schedule will be mutually agreed upon.
(f) All of the foregoing shall be subject to compliance with all applicable insurance requirements, including, but not restricted to, Clauses in Appendix A of the Nunavut Association of Municipalities Insurance Policy.
Civil Liability. The Insurer will indemnify the Insured against any civil liability in connection with the Practitioner's legal practice in respect of which a claim is first made against any Insured -
(a) during the period of insurance; or
(b) during or after the period of insurance and arising from a reported circumstance.
Civil Liability. 38.01 If an action or proceeding is brought against any employee or former employee covered by this Agreement for an alleged tort committed by him/her in the performance of his/her duties, then:
(a) The employee upon being served with any legal process, or upon receipt of any action or proceeding, 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 any such action or proceedings and all legal fees;
(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; provided the conduct of the employee which gave rise to the action did not constitute a gross disregard or neglect of his/her duty as an employee;
(d) Upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer shall appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co- operate fully with appointed counsel.
Civil Liability. If an action or proceeding is brought against any employee or former employee covered by this Agreement for an alleged tort committed by him in the performance of his duties, then:
Civil Liability. Upon written request from the Union, the Employer will meet with the bargaining unit representatives to outline current civil liability coverage for M.G.E.U. employees.
Civil Liability. 49:01 If an action or proceeding is brought against any employee covered by this Agreement for an alleged tort committed by an employee in the performance of their duties, then:
(a) The employee, upon being served with any legal process or upon receipt of any action or proceeding as herein before referred to being commenced against them, shall advise the Corporation through the Chief Executive Officer of any such notification or legal process;
(b) The Corporation shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or;
(c) The Corporation 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 Corporation through the Chief Executive Officer or designate before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute gross negligence of their duty as an employee;
(d) Upon the employee notifying the Corporation in accordance with Subsection :01 (a) above, the Corporation and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Corporation shall unilaterally appoint counsel. The Corporation accepts full responsibility for the conduct of the action and the employee agrees to co-operate fully with appointed counsel.
Civil Liability. 34:01 If any action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her in the performance of her duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before referred to, being commenced against her shall advise the Employer through the Executive Director of any such notification or legal process;
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or, 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; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her duty as an employee.
(c) Upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on 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 co-operate fully with appointed counsel.
Civil Liability. 16.01 If any action or proceeding is brought against any employee covered by this Agreement for an alleged tort committed by him or her in the performance of his or her duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action of proceedings as hereinbefore referred to, being commenced against him or her shall advise the Employer through the Vice-President, Human Resources, or designate of any such notification or legal process;
(b) The Employer shall pay any damages or costs awarded against any such employee in any 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; provided the conduct of the employee which gave rise to the action did not constitute gross negligence of his or her duty as an employee;
(d) Upon the employee notifying the Employer in accordance with 16.01 (a), the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on 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 appointed counsel.
Civil Liability. 47.01 If any civil action is brought against any employee covered by this Agreement for an alleged tort committed by the employee in the performance of their assigned duties, (a “workplace claim”) then:
(a) The employee, upon being served with the workplace claim, must provide a copy of all the documents served to the Employer through the General Manager immediately and, if they are to have the benefit of this Article, within five (5) calendar days of service.
(b) Upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel. Should the parties be unable to agree on counsel, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate fully with appointed counsel.
(c) The Employer shall pay any sum required to be paid by such employee in connection with the settlement of a workplace claim made against such employee if such settlement is approved by the Employer, provided the conduct of the employee which gave rise to the action was not illegal or did not constitute negligence at his or her duty as an employee;.
(d) The Employer shall pay any damages or costs awarded against any such employee in a workplace claim and all legal fees, provided the conduct of the employee which gave rise to the action was not illegal or did not constitute negligence at his or her duty as an employee.
Civil Liability. 10.01 If any action or proceeding is brought against any employee or former employee by a third party for an alleged tort committed by him/her in the performance of his/her duties, the Employer shall protect the employee from damages and costs including legal costs according to the conditions of a general liability insurance policy, which shall be maintained at all times to protect such employees in the event of these actions and costs. This Article shall not apply for any intentional acts or intentional omissions by any employee.