Common use of Indemnification, Defense and Hold Harmless Clause in Contracts

Indemnification, Defense and Hold Harmless. (a) The Association shall indemnify, defend, and hold the City harmless against any and all suits, claims, demands and any other liabilities that may arise out of or by reason of any action that shall be taken or not taken by the City in connection with the City’s interpretation, application, administration, or enforcement of any section in this Agreement pertaining to dues deductions and/or Agency Fee. The existence of or extent of any indemnification obligation under this Section shall be subject to the City's grievance procedure or, upon adoption of an agreed-upon grievance procedure in this Agreement, in accordance with such agreement’s grievance procedure, if any. (b) If, through inadvertence or error, the City fails to make the authorized deduction, or any part thereof, the City shall assume no responsibility to correct such omission or error retroactively. It is expressly understood and agreed that the Association will refund to the employee any Association dues deductions and/or Agency Fee erroneously withheld from an employee’s wages by the City and paid to the Association. In the event the Association fails to refund the dues deductions or Agency Fee erroneously withheld within a reasonable period of time following notification, the City will make such refund and deduct the amount from the amount due to the Association.

Appears in 3 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement, Memorandum of Agreement

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Indemnification, Defense and Hold Harmless. (a) a. The Association shall indemnify, defend, and hold the City harmless against any and all suits, claims, demands and any other liabilities that may arise out of or by reason of any action that shall be taken or not taken by the City in connection with the City’s interpretation, application, administration, or enforcement of any section in this Agency Shop Agreement pertaining to dues deductions and/or Agency FeeFees. The existence of or extent of any indemnification obligation under this Section shall be subject to the City's grievance procedure or, upon adoption of an agreed-upon agreed­upon grievance procedure in this the effective City­ALP Agreement, in accordance with such agreement’s grievance procedure, if any. (b) b. If, through inadvertence or error, the City fails to make the authorized deduction, or any part thereof, the City shall assume no responsibility to correct such omission or error retroactively. It is expressly understood and agreed that the Association will refund to the employee any Association dues deductions (if applicable) and/or Agency Fee erroneously withheld from an employee’s wages by the City and paid to the Association. In the event the Association fails to refund the dues deductions (if applicable) or Agency Fee erroneously withheld within a reasonable period of time following notification, the City will make such refund and deduct the amount from the amount due to the Association.

Appears in 2 contracts

Samples: Agency Shop Agreement, Agency Shop Agreement

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Indemnification, Defense and Hold Harmless. (a) a. The Association shall indemnify, defend, and hold the City harmless against any and all suits, claims, demands and any other liabilities that may arise out of or by reason of any action that shall be taken or not taken by the City in connection with the City’s interpretation, application, administration, or enforcement of any section in this Agreement pertaining to dues deductions and/or Agency Fee. The existence of or extent of any indemnification obligation under this Section shall be subject to the City's grievance procedure or, upon adoption of an agreed-upon agreed­upon grievance procedure in this the effective City­ALP Agreement, in accordance with such agreement’s grievance procedure, if any. (b) b. If, through inadvertence or error, the City fails to make the authorized deduction, or any part thereof, the City shall assume no responsibility to correct such omission or error retroactively. It is expressly understood and agreed that the Association will refund to the employee any Association dues deductions and/or Agency Fee erroneously withheld from an employee’s wages by the City and paid to the Association. In the event the Association fails to refund the dues deductions or Agency Fee erroneously withheld within a reasonable period of time following notification, the City will make such refund and deduct the amount from the amount due to the Association.

Appears in 2 contracts

Samples: Tentative Agreement, Memorandum of Agreement

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