Indemnification of the Board. The Association agrees to indemnify and hold the Board harmless from any payments, judgments, costs, or expenses incurred as a result of the implementation and enforcement of this provision provided that (1) the Board shall give ten (10) days written notice of any claim made or action filed against the employer by a non-member for which indemnification may be claimed; and (2) the Board acted in good faith compliance with the fair share fee provision of this agreement; 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. The Association reserves the right to designate counsel to represent and defend the Board; provided, however, that the Board reserves the right to employ co-counsel at its own expense. The Board 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.
Appears in 3 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Indemnification of the Board. The Association on behalf of itself and the OEA and NEA agrees to indemnify and hold the Board harmless from for any payments, judgments, costs, cost or expenses liability incurred as a result of the implementation and enforcement of this provision provided that (that:
1) the . The Board shall give ten a ten- (10) days day written notice of any claim made or action filed against the employer Board by a non-member for which indemnification may be claimed; and (:
2) the Board acted in good faith compliance with the fair share fee provision of this agreement; 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. The Association reserves shall reserve the right to designate counsel to represent and defend the Board; provided, however, that the Board reserves the right to employ co-counsel at its own expense;
3. The Board 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’ affiliate's application to file briefs amicus curiae in the action;
4. The Board acted in good faith compliance with the fair share fee provision of this Agreement; 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 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Indemnification of the Board. The Association agrees to indemnify and hold the Board harmless from for any payments, judgments, costs, or expenses cost of liability incurred as a result of the implementation and enforcement of this provision provided that (that:
1) the . The Board shall give ten (10) days written notice of any claim made or action filed against the employer by a non-member nonmember for which indemnification may be claimed; and (;
2) the Board acted in good faith compliance with the fair share fee provision of this agreement; 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. The Association reserves shall reserve the right to designate counsel to represent and defend the Board; provided, however, that the Board reserves the right to employ co-counsel at its own expenseemployer;
3. The Board 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;
4. The Board acted in good faith compliance with the Fair Share Fee provision of this Agreement; 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 1 contract
Samples: Negotiated Agreement