Hold Harmless and Indemnity Provision a. The Association, as defined by this Agreement, shall hold the District harmless and shall fully and promptly reimburse the District for reasonable legal fees and costs incurred in responding to or defending against any claims, disputes, or challenges, which are actually brought against the District or any of its agents by other than the Association in connection with the administration or enforcement of any section of this agreement pertaining to representation fee. Such reimbursement shall include costs and attorneys’ fees incurred by the District.
b. Upon notice that the District is going to seek indemnification or to be held harmless under this provision, the Association shall have the right to meet with the District regarding the reasonableness and merit of any claim, demand, suit, or action for which the District seeks indemnification, and shall attempt to agree whether any such action listed above in “(a)” shall be compromised, resisted, defended, tried or appealed.
c. In determining whether or not such action shall be compromised, resisted, defended, tried or appealed, the District will defer to the Association’s interest if the District does not have a distinct and separate legal interest in the matter in dispute.
d. The District shall not be entitled to be reimbursed for any fees, costs, charges, or penalties for which the Association was not properly notified and provided the opportunity to discuss as set forth herein; nor will the District be entitled to any such reimbursements when the District’s efforts in defending against such action would be duplicative, or when the District is defending a separate and distinct legal interest or when the District is defending an activity which is arguably subject to criminal liability on the part of any District administrator.
Hold Harmless and Indemnity Provision. Artist shall hold harmless, indemnify and defend the City, its officers, agents, employees and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be asserted because of injury to property or bodily or personal injury (including death) occasioned by any willful or negligent act or omissions of Artist or any of Artist’s officers, agents, employees and volunteers.
Hold Harmless and Indemnity Provision. The Faculty Association as defined in the Agreement shall hold the District harmless, and shall fully and promptly reimburse the District for any fees, costs, charges, or penalties incurred in responding to or defending against any claims, disputes, or challenges, which are actually brought against the District or any of its agents, in connection with the administration or enforcement of any Section in the Agreement pertaining to representation/service fee. Such reimbursement shall include, but not be limited to, court costs, litigation expense, and attorney’s fees incurred by the District.
5.10.7.1 Upon notice that the District is going to seek indemnification or to be held harmless under this provision, the Faculty Association shall have the right to meet with the District regarding the reasonableness and merit of any claim, demand, suit or action for which the District seeks indemnification, and shall attempt to agree whether any such action listed in Section 5.11.7 above shall be compromised, resisted, defended, tried or appealed.
5.10.7.2 In determining whether or not such actions shall be compromised, resisted, defended, tried or appealed, the District will defer to the Faculty Association’s interests if the District does not have a distinct and separate legal interest in the disputed matter.
5.10.7.3 The District shall not be entitled to be reimbursed for any costs for which the Faculty Association was not properly notified and provided the opportunity to discuss as set forth herein; nor will the District be entitled to any reimbursement when the District’s efforts in defending against such action would be duplicative, or when the District does not have a separate and distinct interest to defend.
5.10.7.4 As provided in Government Code Section 3546.3, if a faculty member who qualifies under Section 5.11.4 requests the assistance of the Faculty Association in using the grievance procedure set forth in Article 3 or in representing the faculty member in individual issues related to terms and conditions of employment, the Faculty Association may charge the faculty member for the reasonable cost of providing these services.
Hold Harmless and Indemnity Provision. The Union shall indemnify and hold the District harmless from any and all claims, demands or suits or any other actions arising from any of the provisions of this Article.
Hold Harmless and Indemnity Provision. 10.3.1 The Association, as defined by this Agreement, shall fully and promptly reimburse the District for reasonable legal fees and costs incurred in responding to or defending against any legal or administrative actions which are brought against the District or any of its agents by other than the Association in connection with the administration or enforcement of this Article.
10.3.2 Upon notice that the District is going to seek indemnification or to be held harmless under this provision, the Association shall have the right to meet with the District regarding the reasonableness and merit of any suit or action for which the District seeks indemnification and shall attempt to agree whether any such action listed in Section 10.3.1 shall be compromised, resisted, defended, tried, or appealed.
10.3.3 The Association shall have the right to determine, after consultation with the District, whether such action or suit shall or shall not be compromised, settled, resisted, defended, tried, or appealed. The Association shall cooperate in good faith with the District in any determination of whether such action or suit shall or shall not be compromised, settled, resisted, defended, tried, or appealed. Each party shall act reasonably to protect the interests of the other party. The Association shall not unilaterally make any decision with regard to such action or suit if such decision includes or involves the admission of any wrongdoing by the District, its officers, its agents, or its employees; if such decision includes or involves any financial or personal liability of the District, its officers, its agents, or its employees (unless the Association agrees to assume such liability); or if such decision requires the District to violate any law, a prior contractual commitment made by the District, or any District policy.
Hold Harmless and Indemnity Provision. The Association as defined in this Agreement shall hold the District harmless, and shall fully and promptly reimburse the District for any fees, costs, charges or penalties incurred in responding to or defending against any claims, disputes, challenges, which are actually brought against the District or any of its agents, in connection with the administration or enforcement of any section in this Agreement pertaining to representation/service fee. Such reimbursement shall include, but not be limited to, court costs, litigation expense, and attorneys' fees incurred by the District.
Hold Harmless and Indemnity Provision. Contractor agrees to hold harmless and indemnify City of San Mateo, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising from performance of this contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of City of San Mateo, its elected and appointed officials, employees, and agents; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of City of San Mateo or (b) the active negligence of City of San Mateo; further provided, that this provision shall not affect the validity of any insurance contract, workers compensation or agreement issued by an admitted insurer as defined by the Insurance Code. Contract will defend City of San Mateo, its elected and appointed officials, employees, and agents, against any such claims.
Hold Harmless and Indemnity Provision. The Union shall hold the District harmless and shall fully and promptly reimburse the District for reasonable legal fees and costs incurred in responding to or defending against any claims, disputes, or challenges, which are actually brought against the District or any of its agents by other than the Union in connection with the administration or enforcement of any section of this Agreement pertaining to representation fees Such reimbursement shall include costs and attorneys' fees incurred by the District. Nothing in the above shall require that any employee shall be required to join the Union if they are exempted from such requirement by the provisions of the Xxxxxx-Xxxxxx-Xxxxx Act, California Government Code 3500 et seq. The parties shall meet to designate those positions in the unit which are supervisory.
Hold Harmless and Indemnity Provision. The Association as defined in this Agreement shall hold the District harmless, and shall fully and promptly reimburse the District for any fees, costs, charges or penalties incurred in responding to or defending against any claims, disputes, challenges, which are actually brought against the District or any of its agents, in connection with the administration or enforcement of any Section in this Agreement pertaining to service fees. Such reimbursement shall include, but not be limited to, court costs, litigation expense, and attorney's fees incurred by the District which were reasonably necessary to defend the District's interests. The District will provide the Association an accounting of the precise costs incurred by the District.
Hold Harmless and Indemnity Provision. The Union shall indemnify and hold the School harmless from any and all claims, demands or suits or any other actions arising from any of the provisions of this Article.
