Common use of Hold Harmless and Indemnity Provision Clause in Contracts

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 Faculty Association AFT 6157 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 feeany claims made by any employee or any individual on the employee’s behalf, for payroll deductions made by the District in reliance on the information provided by AFT 6157 regarding the content of its authorization form, and/or the authorization of individual employees for payroll deductions to be made. 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 AFT 6157 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 AssociationAFT 6157’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 AFT 6157 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 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 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 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 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.