Common use of DUES AND FAIR SHARE – LIABILITY/INDEMNIFICATION Clause in Contracts

DUES AND FAIR SHARE – LIABILITY/INDEMNIFICATION. In the event of any legal action against the Board in a court or administrative agency because of the Board’s compliance with this Section, the Association agrees to defend such action, at its own expense and through its own counsel, provided: a. The Board gives immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and b. The Board gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels. The Association agrees that in any action so defended, it will indemnify and hold harmless the Board from any liability for damages, attorney’s fees and costs imposed by, or incurred as a result of, a final judgment of a court or administrative agency, or a settlement, as a direct consequence of the Board’s compliance with this Section. It is expressly understood that this safe harmless provision will not apply to any claim demand, suit, or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s negligent execution of the obligations imposed upon it by this Section. Any employee who, based upon bona fide tenets or teaching of a church or religious body of which such employee is a member, dissents from payment of the fair share to the Association, shall be required to pay an amount equal to his/her proportionate share to a non-religious charitable organization mutually agreed upon by the employee affected and the Association.

DUES AND FAIR SHARE – LIABILITY/INDEMNIFICATION. In the event of any legal action against the Board in a court or administrative agency because of the Board’s compliance with this Section, the Association agrees to defend such action, at its own expense and through its own counsel, provided: a. The Board gives immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and b. The Board gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels. The Association agrees that in any action so defended, it will indemnify and hold harmless the Board from any liability for damages, attorney’s fees and costs imposed by, or incurred as a result of, a final judgment of a court or administrative agency, or a settlement, as a direct consequence of the Board’s compliance with this Section. It is expressly understood that this safe save harmless provision will not apply to any claim demand, suit, or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s negligent execution of the obligations imposed upon it by this Section. Any employee who, based upon bona fide tenets or teaching of a church or religious body of which such employee is a member, dissents from payment of the fair share to the Association, Association shall be required to pay an amount equal to his/her proportionate share to a non-religious charitable organization mutually agreed upon by the employee affected and the Association.