Indemnification of the Employer. The Association recognizes the Ohio Attorney General as counsel to defend the Employer against all claims or actions arising under this article. The Association agrees to indemnify the Employer for any liability incurred as a result of the implementation and enforcement of this provision provided that: 1.) the Employer shall give the Association thirty (30) days written notice from the date of receipt of any claim made or action filed against the Employer by an employee for which indemnification may be claimed; 2.) the Employer agrees to (a) give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding(s), (b) permit the Association or its affiliates to intervene as a party if so desired, (c) not oppose the Association’s or its affiliates’ application to file briefs amicus curiae in the action, and/or (d) permit the Association to participate in all settlements of any claims arising under this Article; 3.) the Employer shall not incur excessive costs under this Section. In those cases where the Attorney General's Office directly provides representation there shall be no charge to the Association for attorneys’ fees. Further, the Association shall indemnify and hold harmless the Employer from and against any liability incurred to any third parties and any and all claims, suits, orders, or judgments brought against the Employer that arise from the dues deductions form, including any deduction of membership dues or other Association deductions by the Employer.
Appears in 2 contracts
Samples: Agreement, das.ohio.gov
Indemnification of the Employer. The Association recognizes the Ohio Attorney General as counsel to defend the Employer against all claims or actions arising under this article. The Association agrees to indemnify the Employer for any liability incurred as a result of the implementation and enforcement of this provision provided that: 1.) the Employer shall give the Association thirty (30) days written notice from the date of receipt of any claim made or action filed against the Employer by an employee for which indemnification may be claimed; 2.) the Employer agrees to (a) give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding(s), (b) permit the Association or its affiliates to intervene as a party if so desired, (c) not oppose the Association’s or its affiliates’ application to file briefs amicus curiae in the action, and/or (d) permit the Association to participate in all settlements of any claims arising under this Article; 3.) the Employer acts in good faith compliance with the fair share fee provision of this Agreement; 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 fair share fee provision herein; 4.) the Employer shall not incur excessive costs under this Section. In those cases where the Attorney General's Office directly provides representation there shall be no charge to the Association for attorneys’ fees. Further, the Association shall indemnify and hold harmless the Employer from and against any liability incurred to any third parties and any and all claims, suits, orders, or judgments brought against the Employer that arise from the dues deductions form, including any deduction of membership dues or other Association deductions by the Employer.this
Appears in 1 contract
Samples: Agreement
Indemnification of the Employer. The Association recognizes the Ohio Attorney General as counsel to defend the Employer against all claims or actions arising under this article. The Association agrees to indemnify the Employer for any liability incurred as a result of the implementation and enforcement of this provision provided that: 1.) the Employer shall give the Association thirty (30) days written notice from the date of receipt of any claim made or action filed against the Employer by an employee for which indemnification may be claimed; 2.) the Employer agrees to (a) give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding(s), (b) permit the Association or its affiliates to intervene as a party if so desired, (c) not oppose the Association’s or its affiliates’ application to file briefs amicus curiae in the action, and/or (d) permit the Association to participate in all settlements of any claims arising under this Article; 3.) the Employer acts in good faith compliance with the fair share fee provision of this Agreement; 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 fair share fee provision herein; 4.) the Employer shall not incur excessive costs under this Section. In those cases where the Attorney General's Office directly provides representation there shall be no charge to the Association for attorneys’ fees. Further, the Association shall indemnify and hold harmless the Employer from and against any liability incurred to any third parties and any and all claims, suits, orders, or judgments brought against the Employer that arise from the dues deductions form, including any deduction of membership dues or other Association deductions by the Employer.
Appears in 1 contract
Samples: Agreement