Common use of Defense of Faculty Member by District Clause in Contracts

Defense of Faculty Member by District. If a faculty member or former faculty member requests a District defense against any claim or action against the faculty member for an injury arising out of an act or omission occurring within the scope of employment as an employee of the District, and such request is made in writing not less than ten (10) days before the day of trial, and the faculty member or former faculty member reasonably cooperates in good faith in the defense of the claim or action, the District shall pay any judgment based thereon or any compromise or settlement of the claim or action to which the District has agreed. If the District conducts the defense of a faculty member or former faculty member against any claim or action with reasonable good faith cooperation, the District shall pay any judgment based thereon or any compromise or settlement of the claim or action to which the District has agreed only if it is established that the injury arose out of any act or omission occurring in the scope of the employment of the faculty member or former faculty member as an employee of the District. In no event shall the District pay such part of a claim or judgment as is for punitive or exemplary damages (Government Code, Section 825).