Common use of Indemnification of Employer Clause in Contracts

Indemnification of Employer. The Association on behalf of itself and the OEA and NEA agrees to defend and indemnify the Employer, including the Board, its officers, members, agents, and employee(s) who implements the deduction, for any cost or liability incurred as a result of the implementation and enforcement of this provision provided that: a. When possible, the Association shall be given a ten (10) day written notice of any claim made or action filed against the Employer by a non-member for which indemnification may be claimed; b. The Association shall reserve the right to designate counsel to represent and defend the Employer; c. The Employer agrees to (1) give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding, (2) permit the Association or its affiliates to intervene as a party if it so desires, and/or (3) to not oppose the Association or its affiliates' application to file briefs amicus curiae in the action; d. The Employer acted in good faith compliance with the agency fee provision of this Contract; however, there shall be no indemnification of the Employer if the Employer intentionally or willfully fails to apply (except due to court order) or misapplies such agency fee provision herein.

Indemnification of Employer. The Association on behalf of itself and the OEA and NEA agrees to defend and indemnify the Employer, including the Board, its officers, members, agents, and employee(s) who implements the deduction, for any cost or liability incurred as a result of the implementation and enforcement of this provision provided that: a. (1) When possible, the Association shall be given a ten (10) day written notice of any claim made or action filed against the Employer by a non-member nonmember for which indemnification may be claimed; b. (2) The Association shall reserve the right to designate counsel to represent and defend the Employer; c. (3) The Employer agrees to (1) give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding, (2) permit the Association or its affiliates to intervene as a party if it so desires, and/or (3) to not oppose the Association or its affiliates' application to file briefs amicus curiae in the action; d. (4) The Employer acted in good faith compliance with the agency fee provision of this Contract; however, there shall be no indemnification of the Employer if the Employer intentionally or willfully fails to apply (except due to court order) or misapplies such agency fee provision herein.