Common use of Hold Harmless and Indemnity Provision Clause in Contracts

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.

Appears in 7 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Hold Harmless and Indemnity Provision. a. 4.4.8.1 The California Teachers 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, claims or challenges, disputes which are actually brought filed 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 Agreement pertaining to representation fee. Such reimbursement Reimbursement shall include costs and attorneys’ attorney’s fees incurred by the District. b. 4.4.8.2 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 claim, demand, suit, suit or action for which the District seeks indemnification, and shall attempt to agree whether any such action listed above in “(a)” Section 4.4.8.1 shall be compromised, resisted, defended, tried or appealed. c. 4.4.8.3 In determining whether or not such any action listed in Section 4.4.8.1 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. 4.4.8.4 The District shall not be entitled to be reimbursed for any fees, costs, charges, charges or penalties for which the Association was not properly notified and provided the opportunity to discuss as set forth hereinin this Article; nor will the District be entitled to any such reimbursements reimbursement when the District’s efforts in defending against such an 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.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Hold Harmless and Indemnity Provision. a. 5.1.5.1 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 That reimbursement shall include costs and attorneys’ fees incurred by the District. b. 5.1.5.2 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 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.subsection c. 5.1.5.3 In determining whether or not such that action shall be compromised, resisted, defended, tried 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. 5.1.5.4 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 reimbursement when the District’s efforts in defending against such the 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.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Hold Harmless and Indemnity Provision. a. 5.1.5.1 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 That reimbursement shall include costs and attorneys’ fees incurred by the District. b. 5.1.5.2 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 claim, demand, suit, or action for which the District seeks indemnification, and shall attempt to agree whether any such action listed above in “(a)” subsection 5.1.6.1 shall be compromised, resisted, defended, tried or appealed. c. 5.1.5.3 In determining whether or not such that action shall be compromised, resisted, defended, tried 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. 5.1.5.4 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 reimbursement when the District’s efforts in defending against such the 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.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Hold Harmless and Indemnity Provision. a. ‌ 1. The Association, Union as defined by in this Agreement, Agreement shall hold the District harmless harmless, and shall fully and promptly reimburse the District for reasonable legal fees and costs any fees, costs, charges or penalties incurred in responding to or defending against any claims, disputes, or challenges, which are actually brought brought, against the District or any of its agents by other than the Association agents, in connection with the administration or enforcement of any section of Section in this agreement Agreement pertaining to representation feedues. Such reimbursement shall include costs include, but not be limited to, court costs, litigation expense, and attorneys’ attorney's fees incurred by the District. b. 2. Upon notice that the District is going to seek indemnification or to be held harmless under this provision, the Association Union shall have the right to meet with the District regarding the reasonableness and merit of any claim, demand, suit, 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 tried, or appealed. c. 3. In determining whether or not such action shall be compromised, resisted, defended, tried or appealed, the District will defer to the Association’s interest Union's interests if the District does not have a distinct and separate legal interest in the matter in disputedisputed matter. d. 4. The District shall not be entitled to be reimbursed for any fees, costs, charges, or penalties costs for which the Association Union was not properly notified and provided the opportunity to discuss as set forth herein; nor will the District be entitled to any such reimbursements reimbursement when the District’s 's efforts in defending against such action would be duplicative, or when the District is defending does not have 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 administratordefend.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Hold Harmless and Indemnity Provision. a. The Association, CSEA as defined by in this Agreement, Agreement shall hold the District harmless harmless, and shall fully and promptly reimburse the District for reasonable legal fees and costs any fees, costs, charges or penalties incurred in responding to or defending against any claims, disputes, or challenges, which are actually brought brought, against the District or any of its agents by other than the Association agents, in connection with the administration or enforcement of any section of Section in this agreement Agreement pertaining to representation representation/service fee. Such reimbursement shall include costs include, but not be limited to, court costs, litigation expense, and attorneys’ attorney's 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 CSEA shall have the right to meet with the District regarding the reasonableness and merit of any claim, demand, suit, suit or action for which the District seeks indemnification, and shall attempt to agree whether any such action listed in Section 6. above in “(a)” shall be compromised, resisted, defended, tried 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 CSEA's interests if the District does not have a distinct and separate legal interest in the matter in disputedisputed matter. d. The District shall not be entitled to be reimbursed for any fees, costs, charges, or penalties costs for which the Association CSEA was not properly notified and provided the opportunity to discuss as set forth herein; nor will the District be entitled to any such reimbursements reimbursement when the District’s 's efforts in defending against such action would be duplicative, or when the District is defending does not have 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 administratordefend.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Hold Harmless and Indemnity Provision. a. 6.9.1 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 Agreement pertaining to representation fee. Such reimbursement shall include costs and attorneys’ attorney’s fees incurred by the District. b. 6.9.2 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 claim, demand, suit, suit or action for which the District seeks indemnification, and shall attempt to agree whether any such action listed above in “(a)” Section 6.9.1 shall be compromised, resisted, defended, tried or appealed. c. 6.9.3 In determining whether or not such action shall be compromised, resisted, defended, tried or appealed, the District will defer to the Association’s 's interest if the District does not have a distinct and separate legal interest in the matter in dispute. d. 6.9.4 The District shall not be entitled to be reimbursed for any fees, costs, charges, 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 reimbursement when the District’s '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 arguable subject to criminal liability on the part of any District administrator.

Appears in 1 contract

Samples: Contract Agreement for Certificated Employees

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 feethe deduction of membership dues. 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.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Hold Harmless and Indemnity Provision. a. 1. The Association, Union as defined by in this Agreement, Agreement shall hold the District harmless harmless, and shall fully and promptly reimburse the District for reasonable legal fees and costs any fees, costs, charges or penalties incurred in responding to or defending against any claims, disputes, or challenges, which are actually brought brought, against the District or any of its agents by other than the Association agents, in connection with the administration or enforcement of any section of Section in this agreement Agreement pertaining to representation representation/service fee. Such reimbursement shall include costs include, but not be limited to, court costs, litigation expense, and attorneys’ attorney's fees incurred by the District. b. 2. Upon notice that the District is going to seek indemnification or to be held harmless under this provision, the Association Union shall have the right to meet with the District regarding the reasonableness and merit of any claim, demand, suit, suit or action for which the District seeks indemnification, and shall attempt to agree whether any such action listed in Section F. 1. above in “(a)” shall be compromised, resisted, defended, tried tried, or appealed. c. 3. In determining whether or not such action shall be compromised, resisted, defended, tried or appealed, the District will defer to the Association’s interest Union's interests if the District does not have a distinct and separate legal interest in the matter in disputedisputed matter. d. 4. The District shall not be entitled to be reimbursed for any fees, costs, charges, or penalties costs for which the Association Union was not properly notified and provided the opportunity to discuss as set forth herein; nor will the District be entitled to any such reimbursements reimbursement when the District’s 's efforts in defending against such action would be duplicative, or when the District is defending does not have 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.defend.‌‌‌

Appears in 1 contract

Samples: Collective Bargaining Agreement

Hold Harmless and Indemnity Provision. a. The Association, CSEA as defined by in this Agreement, Agreement shall hold the District harmless harmless, and shall fully and promptly reimburse the District for reasonable legal fees and costs any fees, costs, charges or penalties incurred in responding to or defending against any claims, disputes, or challenges, which are actually brought brought, against the District or any of its agents by other than the Association agents, in connection with the administration or enforcement of any section of Section in this agreement Agreement pertaining to representation feedues. Such reimbursement shall include costs include, but not be limited to, court costs, litigation expense, and attorneys’ attorney's 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 CSEA 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.reasonableness 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 CSEA's interests if the District does not have a distinct and separate legal interest in the matter in disputedisputed matter. d. The District shall not be entitled to be reimbursed for any fees, costs, charges, or penalties costs for which the Association CSEA was not properly notified and provided the opportunity to discuss as set forth herein; nor will the District be entitled to any such reimbursements reimbursement when the District’s 's efforts in defending against such action would be duplicative, or when the District is defending does not have 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 administratordefend.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Hold Harmless and Indemnity Provision. a. 5.1.7.1 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 That reimbursement shall include costs and attorneys’ fees incurred by the District. b. 5.1.7.2 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 claim, demand, suit, or action for which the District seeks indemnification, and shall attempt to agree whether any such action listed above in “(a)” subsection 5.1.7.1 shall be compromised, resisted, defended, tried or appealed. c. 5.1.7.3 In determining whether or not such that action shall be compromised, resisted, defended, tried 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.separate d. 5.1.7.4 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; herein;; nor will the District be entitled to any such reimbursements reimbursement when the District’s efforts in defending against such the 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.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Hold Harmless and Indemnity Provision. a. 5.1.7.1 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 That reimbursement shall include costs and attorneys’ fees incurred by the District. b. 5.1.7.2 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 claim, demand, suit, or action for which the District seeks indemnification, and shall attempt to agree whether any such action listed above in “(a)” subsection 5.1.7.1 shall be compromised, resisted, defended, tried or appealed. c. 5.1.7.3 In determining whether or not such that action shall be compromised, resisted, defended, tried 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. 5.1.7.4 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; herein;; nor will the District be entitled to any such reimbursements reimbursement when the District’s efforts in defending against such the 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.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Hold Harmless and Indemnity Provision. a. 5.1.5.1 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 That reimbursement shall include costs and attorneys’ fees incurred by the District. b. 5.1.5.2 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 claim, demand, suit, or action for which the District seeks indemnification, and shall attempt to agree whether any such action listed above in “(a)” subsection 5.1.6.1 shall be compromised, resisted, defended, tried or appealed. c. 5.1.5.3 In determining whether or not such that action shall be compromised, resisted, defended, tried 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. 5.1.5.4 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 reimbursement when the District’s efforts in defending against such the 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.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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