Indemnification of Board. The KCCCSA, on behalf of itself and the OEA and NEA, agrees to indemnify the Board for any cost or liability incurred as a result of the implementation and enforcement of this provision provided that: i. The Board shall give a ten (10) day* written notice of any claim made or action filed against the Board by a non-member for which indemnification may be claimed; *A day equals a work-day for Central Office, unless otherwise noted. ii. The KCCCSA shall reserve the right to designate counsel to represent and defend the Board; iii. The Board agrees to (1) give full and complete cooperation and assistance to the KCCCSA and its counsel at all levels of the proceeding, (2) permit the KCCCSA or its affiliates to intervene as a party if it so desires, and/or (3) to not oppose the KCCCSA or its affiliates’ application to file briefs amicus curiae in the action; iv. The Board acted in good faith compliance with the fair share fee provision of this Contract; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein.
Appears in 2 contracts
Samples: Negotiated Agreement, Collective Bargaining Agreement
Indemnification of Board. The KCCCSA, on behalf of itself and the OEA and NEA, agrees to indemnify the Board for any cost or liability incurred as a result of the implementation and enforcement of this provision provided that:
i. The Board shall give a ten (10) day* written notice of any claim made or action filed against the Board by a non-member for which indemnification may be claimed; *A day equals a work-work day for Central Office, unless otherwise noted.
ii. The KCCCSA shall reserve the right to designate counsel to represent and defend the Board;
iii. The Board agrees to (1) give full and complete cooperation and assistance to the KCCCSA and its counsel at all levels of the proceeding, (2) permit the KCCCSA or its affiliates to intervene as a party if it so desires, and/or (3) to not oppose the KCCCSA or its affiliates’ application to file briefs amicus curiae in the action;
iv. The Board acted in good faith compliance with the fair share fee provision of this Contract; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement