Common use of Civil Liability Clause in Contracts

Civil Liability. 42.01 If an action or proceeding is brought against any Employee or former Employee covered by this Agreement for an alleged tort committed by him in the performance of his duties, then: (a) The Employee, upon being served with any legal process, or upon receipt of any action or proceeding as hereinbefore referred to, being commenced against him shall advise the General Manager 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, provided that the conduct of the Employee which gave rise to the action or proceedings did not constitute a gross disregard and gross neglect of his duty as an Employee; 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 provided the conduct of the Employee which gave rise to the action did not constitute a gross disregard or gross neglect of his duty as an Employee; (d) 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 Employee agrees to cooperate fully with appointed counsel.

Civil Liability. 42.01 If an action or proceeding is brought against any Employee or former Employee employee covered by this Agreement for an alleged tort committed by him him/her in the performance of his his/her duties, provided such actions did not constitute a disregard or neglect of his/her duties as an employee, then: (a) The Employeeemployee, upon being served with any legal process, or upon receipt of notification of any action or proceeding proceedings as hereinbefore referred to, to being commenced against him him/her, shall advise the General Manager Employer of any such notification or legal process; (b) The Employer shall pay any damages or costs awarded against any such Employee employee in any such action or proceedings and all legal fees, provided that the conduct of the Employee which gave rise to the action or proceedings did not constitute a gross disregard and gross neglect of his duty as an Employee; and/or (c) 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 provided employee if such settlement is approved by the conduct of Employer before the Employee which gave rise to the action did not constitute a gross disregard or gross neglect of his duty as an Employeesame is finalized; (d) Upon the Employee employee notifying the Employer in accordance with paragraph (a) above, the Employer and the Employee employee (or their representatives) shall forthwith meet and 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 Employee 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 Liability. 42.01 If an action or proceeding is brought against any an Employee or former Employee covered by this Agreement for an alleged tort committed by him in the performance of his duties, then: (a) : The Employee, upon being served with any legal process, or upon receipt of any action or proceeding as hereinbefore referred to, being commenced against him shall advise the General Manager 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, provided that the conduct of the Employee which gave rise to the action or proceedings did not constitute a gross disregard and gross neglect of his duty as an Employeeand/or; and/or (c) 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 gross neglect of his duty as an Employee; (d) employee; Upon the Employee employee notifying the Employer in accordance with paragraph (a) above, the Employer and the Employee 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 Employee Employer accepts full responsibility for the conduct of the action and the employee agrees to cooperate 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 duties at the time of the alleged tort then he shall be indebted to the Employer for an amount equal to the expenses incurred on his behalf pursuant to this Article. Prior to said recovery the Employer and employee shall discuss an acceptable recovery schedule.

Civil Liability. 42.01 68.01 If an action or proceeding is brought against any Employee or former Employee employee covered by this Agreement for an alleged tort committed by him them in the performance of his their duties, then: (a) The Employeeemployee, upon being served with any legal process, or upon receipt of any action or proceeding as hereinbefore referred to, being commenced against him them shall advise the General Manager 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, provided that the conduct of the Employee which gave rise to the action or proceedings did not constitute a gross disregard and gross neglect of his duty as an Employee; and/or; (c) 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 gross neglect of his their duty as an Employee;employee. The employee shall not enter into any settlement agreement without the express written authority of the Employer and if they do enter into any such settlement agreement without proper authorization, they waive any rights provided to them under this Article. (d) 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 Employee agrees to cooperate fully with appointed counsel. (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 their duties at the time of the alleged tort, then they shall be indebted to the Employer for an amount equal to any amounts expended by the Employer on their behalf pursuant to this Article. Prior to said recovery, the Employer and employee shall discuss an acceptable recovery schedule.