Common use of Civil Liability Clause in Contracts

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. 46.01 53.01 If an action or proceeding is brought against any Employee employee or former Employee covered by this Agreement employee for an alleged tort committed by the Employee him in the performance of his duties, then: (a) The Employee or former Employeeemployee, upon being served with any legal process, or upon receipt of any action or proceeding as hereinbefore referred to in this Articleto, being commenced against him or her shall advise the CAO Senior Administrative Officer of any such notification or legal process; (b) The Employer shall pay: (i) pay any damages or costs awarded against any such Employee 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 fees provided the conduct of the Employee employee which gave rise to the action did not constitute a gross disregard or neglect of his/her his duty as an Employee.employee; (c) No Employee 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 provided the conduct of the employee which gave rise to the action did not constitute a gross disregard or neglect of his duty as an employee. The employee shall not enter into any settlement agreement without the express written authority of the Employer and if an Employee he does enter into any such settlement agreement without proper authorization the Employee he agrees to waive any rights provided to him/her him under this Article. (id) Subject to subparagraph (ii), upon notification to Upon the employee notifying the Employer by the Employee in accordance with paragraph (a)) above, the Employer and the Employee employee shall forthwith meet and appoint counsel that is mutually agreeable legal counsel. (ii) to both parties. Should the Employer and the Employee parties be unable to agree on the choice of legal counselcounsel that is satisfactory to both, then the Employer shall unilaterally appoint legal counsel, with whom . The Employer shall have conduct of the Employee action and employee agrees to cooperate fullyfully with appointed counsel. (e) If, If upon adjudication of a matter arising out of this Article there is a finding that the Employee employee was not acting in the performance of his/her his duties at the time of the alleged tort then the Employee he shall be indebted to the Employer for an amount equal to the expenses incurred by the Employer on his behalf of the Employee pursuant to this Article Article. Prior to said recovery the Employer and such amount employee shall be recovered from the Employee. An appropriate discuss an acceptable recovery schedule will be mutually agreed uponschedule. (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. 46.01 30:01 If an action or proceeding is brought against any Employee or former Employee covered Crown Attorney employed by this Agreement the Government, for an alleged tort committed tort, or for any other act or omission by the Employee that Attorney in the performance of that Attorney's duties, then: (a) The Employee or former EmployeeAttorney, upon being served with any legal process, or upon receipt of any action or proceeding proceedings as hereinbefore referred to in this Articleto, being commenced against him or her the Attorney shall advise the CAO Government through the Deputy Attorney-General of any such notification or legal process; (b) The Employer Government shall pay: (i) pay any damages or costs awarded against any the employee such Employee Attorney in any such action or proceedings and all legal fees, and/or; (iic) The Government shall pay any sum required to be paid by such Employee in connection with the settlement of any claim made against such Employee Attorney if such settlement is approved by the Government through the Deputy Attorney-General before the same is finalized; provided the conduct of the Employee Attorney which gave rise to the action or proceeding did not constitute a gross disregard comprise any dishonest, fraudulent, or neglect of his/her duty as an Employee.criminal act or omission on the Attorney's part; (cd) No Employee shall enter into any settlement agreement without Upon the express written authority of Attorney notifying 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 Government in accordance with paragraph (a)) above, the Employer Government and the Employee Attorney shall forthwith meet and appoint counsel that is mutually agreeable legal counsel. (ii) to both parties. Should the Employer and the Employee parties be unable to agree on counsel that is satisfactory to both, then the choice of legal counsel, the Employer Government shall unilaterally appoint legal counsel, with whom . The Government accepts responsibility for the Employee conduct of the action and the Attorney agrees to cooperate fullyco-operate fully with appointed counsel. (e) If30:02 Notwithstanding Section: 01 the Indemnity afforded a Crown Attorney shall apply only to the extent that the Attorney is not covered by any Scheme of Professional Negligence Liability Insurance, the cost of the premium for which is borne by the Government. 30:03 In the case of a dispute as to the eligibility of a claim made by a Crown Attorney against a Scheme of Professional Negligence Liability Insurance, the cost of the premium for which is borne by the Government, the Government will, upon adjudication receipt from this Attorney of a matter arising out properly executed assignment to the Government of this Article there is a finding that claim, pay all damages, costs and legal fees contemplated by Section: 01 and by such payment will be subrogated to the Employee was not acting rights of the Attorney against the Insurer with respect to the disputed claim and may sue on these rights in the performance of his/her duties at the time name 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 uponAttorney. (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. 46.01 If an action or proceeding is brought against any an Employee or former Employee covered by this Agreement for an alleged tort committed by the Employee employee in the performance of their duties, then: (a) The Employee or former Employee, upon being served with any legal process, or upon receipt of any action or proceeding as hereinbefore referred to in this Articleto, being commenced against him or her them shall advise the CAO Employer of any such notification or legal process; (b) The Employer shall pay: (i) pay any damages or costs awarded against any such Employee in any such action or proceedings and all legal fees, and/or; (iic) The Employer shall pay any sum required to be paid by such Employee employee in connection with the settlement of any claim made against such Employee employee provided the conduct of the Employee employee which gave rise to the action did not constitute a gross disregard or neglect of his/her their duty as an Employee.employee; (cd) No Employee shall enter into any settlement agreement without Upon the express written authority of employee notifying 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)) above, the Employer and the Employee employee shall forthwith meet and appoint counsel that is mutually agreeable legal counsel. (ii) to both parties. Should the Employer and the Employee parties be unable to agree on the choice of legal counselcounsel that is satisfactory to both, then the Employer shall unilaterally appoint legal counsel, with whom . The Employer accepts full responsibility for the Employee conduct of the action and the employee agrees to cooperate fully.fully with appointed counsel; (e) If, If upon adjudication of a matter arising out of this Article there is a finding that the Employee employee was not acting in the performance of his/her their duties at the time of the alleged tort then the Employee employee shall be indebted to the Employer for an amount equal to the expenses incurred by the Employer on their behalf of the Employee pursuant to this Article Article. Prior to said recovery the Employer and such amount employee shall be recovered from the Employee. An appropriate discuss an acceptable recovery schedule will be mutually agreed uponschedule. (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. 46.01 If an action 39.01 Ifan �ction or proceeding is brought against any Employee or former Employee covered by this Agreement for an alleged tort committed by the Employee in xxxx u1 the performance of ofhis duties, then: (a) The Employee or former Employee, upon being served with any legal process, or upon receipt of any ofany action or proceeding as hereinbefore referred to in this Articleto, being commenced against him or her shall advise the CAO Manager of any such notification or legal process; (b) The Employer shall pay: (i) pay any damages or costs awarded against any such Employee in any such action or proceedings and all legal fees, and/orfees provided the conduct ofthe Employee which gave rise to the action did not constitute a gross disregard or neglect ofhis duty as an Employee; (iic) The Employer shall pay any sum required to be paid by such Employee in connection with the settlement of any ofany claim made against such Employee provided the conduct of the ofthe Employee which gave rise to the action did not constitute a gross disregard or neglect of his/her his duty as an Employee. (c) No . The Employee shall not enter into any settlement agreement without the express written authority of the Employer and if an Employee he does enter into any such settlement agreement without proper authorization the Employee he agrees to ta waive any rights provided to him/her him under this Article. (id) Subject to subparagraph (ii), upon notification to Upon the Employee notifying the Employer by the Employee in accordance with paragraph (a)) above, the Employer and the Employee shall forthwith meet and shaH appoint mutually agreeable legal counsel. (ii) Should the Employer and the Employee be unable to agree on the choice of legal counsel, the . The Employer shall unilaterally appoint legal counsel, with whom have conduct of the action and Employee agrees to cooperate fullyfully with appointed counsel. (e) If, 39.02 If upon adjudication of a ofa matter arising out of this Article article there is a finding that the Employee was not acting in the performance of his/her his duties at the time of the alleged tort then the Employee he shall be indebted to the Employer for an amount equal to ta the expenses incurred by the Employer on his behalf of the Employee pursuant to this Article article. Prior to said recovery the Employer and such amount Employee shall be recovered from the Employee. An appropriate discuss an acceptable recovery schedule will be mutually agreed uponschedule. (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. 46.01 45.01 If an action or proceeding is brought against any Employee employee or former Employee covered by this Agreement employee for an alleged tort committed by the Employee him/her in the performance of his/her duties, then: (a) The Employee or former Employeeemployee, upon being served with any legal process, or upon receipt of any action or proceeding as hereinbefore referred to in this Articleto, being commenced against him or him/her shall advise the CAO Employer of any such notification or legal process; (b) The Employer shall pay: (i) pay any damages or costs awarded against any such Employee employee in any such action or proceedings and all legal fees, ; and/or (iic) The Employer shall pay any sum required to be paid by such Employee employee in connection with the settlement of any claim made against such Employee employee if such settlement is approved by the Employer before the same is finalized; provided the conduct of the Employee employee which gave rise to the action did not constitute a gross disregard or neglect of his/her duty as an Employee.employee; (cd) No Employee shall enter into any settlement agreement without Upon the express written authority of employee notifying 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)) above, the Employer and the Employee employee shall forthwith meet and appoint counsel that is mutually agreeable legal counsel. (ii) to both parties. Should the Employer and the Employee parties be unable to agree on the choice of legal counselcounsel that is satisfactory to both, then the Employer shall unilaterally appoint legal counsel, with whom . The Employer accepts full responsibility for the Employee conduct of the action and the employee agrees to cooperate fully.fully with the appointed counsel; (e) If, If upon adjudication of a matter arising out of this Article there is a finding that the Employee employee was acting in gross disregard or neglect of his duties or the employee was not acting in adhering to the performance of his/her duties Employer's direction at the time of the alleged tort then the Employee he/she shall be indebted to the Employer for an amount equal to the expenses incurred by on his behalf pursuant to this Article. Prior to said recovery the Employer on behalf of and employee shall discuss an acceptable recovery schedule; (f) In the Employee event that a successful counter claim arises, and a monetary award results, the employee shall reimburse the Employer for any costs incurred pursuant to this Article and such to the extent that the amount shall be recovered from of the Employee. An appropriate recovery schedule will be mutually agreed upon.award received is sufficient to cover the costs incurred on the employee's behalf; (g) Notwithstanding (a) to (f) All above, in the event that an action or proceeding is brought against a former employee. The Employer shall receive from the former employee (before paying any damages, costs or legal fees) a notarized written commitment of indebtedness to the Employer in the event there is a finding that the employee was acting in gross disregard or neglect of his duties or the employee was not adhering to the Employer's direction at the time 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 Policyalleged tort.

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 him in the performance of his duties, then: (a) : The Employee or former Employee, upon being served with any legal process, or upon receipt of any action or proceeding as hereinbefore referred to in this Articleto, being commenced against him or her shall advise the CAO Manager of any such notification or legal process; (b) ; The Employer shall pay: (i) pay any damages or costs awarded against any such Employee in any such action or proceedings and all legal fees, and/or (ii) ; 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 provided the conduct of the Employee which gave rise to the action did not constitute a gross disregard or neglect of his/her his duty as an Employee. (c) No . The Employee shall not enter into any settlement agreement without the express written authority of the Employer and if an Employee he does enter into any such settlement agreement without proper authorization the Employee he agrees to waive any rights provided to him/her him under this Article. (i) Subject to subparagraph (ii), upon notification to . Upon the Employee notifying the Employer by the Employee in accordance with paragraph (a)) above, the Employer and the Employee shall forthwith meet and appoint counsel that is mutually agreeable legal counsel. (ii) to both parties. Should the Employer and the Employee parties be unable to agree on the choice of legal counselcounsel that is satisfactory to both, then the Employer shall unilaterally appoint legal counsel, with whom the . The Employee agrees to cooperate fully. (e) If, fully with appointed counsel. 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 his duties at the time of the alleged tort then the Employee he shall be indebted to the Employer for an amount equal to the expenses incurred by the Employer on his behalf of the Employee pursuant to this Article Article. Prior to said recovery the Employer and such amount Employee shall be recovered from the Employee. An appropriate discuss an acceptable recovery schedule will be mutually agreed uponschedule. (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. 46.01 51.01 If an action or proceeding is brought against any Employee employee or former Employee covered by this Agreement employee for an alleged tort committed by the Employee him in the performance of his/her duties, then: (a) The Employee or former Employeeemployee, upon being served with any legal process, or upon receipt of any action or proceeding as hereinbefore referred to in this Articleto, being commenced against him or her shall advise the CAO Manager of any such notification or legal process; (b) The Employer shall pay: (i) pay any damages or costs awarded against any such Employee 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 fees provided the conduct of the Employee employee which gave rise to the action did not constitute a gross disregard or neglect of his/her duty as an Employee.employee; (c) No Employee 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 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. The employee shall not enter into any settlement agreement without the express written authority of the Employer and if an Employee he/she does enter into any such settlement agreement without proper authorization the Employee he/she agrees to waive any rights provided to him/her him under this Article. (id) Subject to subparagraph (ii), upon notification to Upon the employee notifying the Employer by the Employee in accordance with paragraph (a)) above, the Employer and the Employee employee shall forthwith meet and appoint counsel that is mutually agreeable legal counsel. (ii) to both parties. Should the Employer and the Employee parties be unable to agree on the choice of legal counselcounsel that is satisfactory to both, then the Employer shall unilaterally appoint legal counsel, with whom . The Employer shall have conduct of the Employee action and employee agrees to cooperate fullyfully with appointed counsel. (e) If, If upon adjudication of a matter arising out of this Article article there is a finding that the Employee employee was not acting in the performance of his/her duties at the time of the alleged tort then the Employee he/she shall be indebted to the Employer for an amount equal to the expenses incurred by the Employer on his/her behalf of the Employee pursuant to this Article article. Prior to said recovery the Employer and such amount employee shall be recovered from the Employee. An appropriate discuss an acceptable recovery schedule will be mutually agreed uponschedule. (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. 46.01 48.01 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 him in the performance of his duties, then: (a) The Employee or former Employee, upon being served with any legal process, or upon receipt of any action or proceeding as hereinbefore referred to in this Articleto, being commenced against him or her shall advise the CAO Manager of any such notification or legal process; (b) The Employer shall pay: (i) pay any damages or costs awarded against any such Employee in any such action or proceedings and all legal fees, and/or; (iic) 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 provided the conduct of the Employee which gave rise to the action did not constitute a gross disregard or neglect of his/her his duty as an Employee. (c) No . The Employee shall not enter into any settlement agreement without the express written authority of the Employer and if an Employee he does enter into any such settlement agreement without proper authorization the Employee he agrees to waive any rights provided to him/her him under this Article. (id) Subject to subparagraph (ii), upon notification to Upon the Employee notifying the Employer by the Employee in accordance with paragraph (a)) above, the Employer and the Employee shall forthwith meet and appoint counsel that is mutually agreeable legal counsel. (ii) to both parties. Should the Employer and the Employee parties be unable to agree on the choice of legal counselcounsel that is satisfactory to both, then the Employer shall unilaterally appoint legal counsel, with whom the . The Employee agrees to cooperate fullyfully with appointed counsel. (e) If, 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 his duties at the time of the alleged tort then the Employee he shall be indebted to the Employer for an amount equal to the expenses incurred by the Employer on his behalf of the Employee pursuant to this Article Article. Prior to said recovery the Employer and such amount Employee shall be recovered from the Employee. An appropriate discuss an acceptable recovery schedule will be mutually agreed uponschedule. (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. 46.01 45.01 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.