Common use of LEGAL BENEFIT Clause in Contracts

LEGAL BENEFIT. Section 1. The Employer shall, upon the request of an employee covered by this Agreement and after notice of the suit against the employee has been given to the Legal Department within five (5) days after service upon the employee, undertake the defense of that employee against any civil damage suit where the employee was acting within the scope of employment and the employee did not act in bad faith, with malicious purpose, in a manner exhibiting wanton and willful disregard of human rights, safety, and property. Section 2. The Employer shall, upon the request of an employee covered by this Agreement and after notice of the suit against the employee has been given to the City Legal Department within five (5) days after service upon the employee, undertake the defense of that employee against any civil damage suit where the employee was acting within the scope of employment even if the complaint alleges that the employee acted in bad faith, or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, and property. However, in those cases where the City Attorney has reason to believe that there exists a substantial factual basis for the complaint's allegations of bad faith, malicious purpose, or wanton and willful disregard, the Employer shall not be required to undertake the defense of the employee, as set forth in Florida Statutes Section 111.07. Section 3. In a civil damage suit where a defense is provided by the Employer, the Employer will indemnify that employee against any judgments, except for punitive damage judgments, levied in that suit against the employee as a result of the employee’s actions while acting within the scope of employment up to the recovery limits specified in Florida Statutes Section 768.28(5) as amended. Section 4. The City recognizes that the Union provides a legal benefit wherein the Union provides an attorney for the defense of dues-paying member employees in civil damage suits. The employee may substitute this attorney or any other attorney of the employee’s choosing at the employee’s expense for the City's attorney without affecting any rights to indemnification under Section 3 of this Article provided the employee has the permission of the City Attorney and provided any settlement or claim negotiated by the employee's private counsel has been authorized by the City Attorney. Nothing within this section shall be interpreted to imply that the Union shall provide the legal defense benefit coverage to those employees covered by this Agreement who are not dues paying members. Section 5. The employee agrees to cooperate fully with the Legal Department if the Legal Department undertakes the defense of said employee. If the employee has been scheduled to meet with the Legal Department, the employee must attend that meeting as scheduled. If the Legal Department has determined that the employee's attendance at a hearing or deposition is necessary and has asked or instructed said employee to attend, the attendance at the hearing or deposition will be without loss of pay or benefits. Section 6. In all suits in which the Legal Department has undertaken the defense of an employee wherein the employee is named as an individual defendant and wherein the employee may be personally liable, the employee shall be advised of all motions, hearings, and settlement offers unless the employee requests otherwise in writing.

LEGAL BENEFIT. Section 1. The Employer shall, upon the request of an employee covered by this Agreement Section 2. The Employer shall, upon the request of an employee covered by this Agreement and after notice of the suit against the employee has been given to the Legal Department within five (5) days after service upon the employee, undertake the defense of that employee against any civil damage suit where the employee was acting within the scope of employment and the employee did not act in bad faith, with malicious purpose, in a manner exhibiting wanton and willful disregard of human rights, safety, and property. Section 2. The Employer shall, upon the request of an employee covered by this Agreement and after notice of the suit against the employee has been given to the City Legal Department within five (5) days after service upon the employee, undertake the defense of that employee against any civil damage suit where the employee was acting within the scope of employment even if the complaint alleges that the employee acted in bad faith, ; or with malicious purpose, ; or in a manner exhibiting wanton and willful disregard of human rights, safety, and property. However, in those cases where the City Attorney has reason to believe that there exists a substantial factual basis for the complaint's allegations of bad faith, malicious purpose, or wanton and willful disregard, the Employer shall not be required to undertake the defense of the employee, as set forth in Florida Statutes Section 111.07. Section 3. In a civil damage suit where a defense is provided by the Employer, the Employer will indemnify that employee against any judgments, except for punitive damage judgments, levied in that suit against the employee as a result of the employee’s actions while acting within the scope of employment up to the recovery limits specified in Florida Statutes Section 768.28(5) as amended. Section 4. The City recognizes that the Union provides a legal benefit wherein the Union provides an attorney for the defense of dues-paying member employees in civil damage suits. The employee may substitute this attorney or any other attorney of the employee’s choosing at the employee’s expense for the City's attorney without affecting any rights to indemnification under Section 3 of this Article provided the employee has the permission of the City Attorney and provided any settlement or claim negotiated by the employee's private counsel has been authorized by the City Attorney. Nothing within this section shall be interpreted to imply that the Union shall provide the legal defense benefit coverage to those employees covered by this Agreement who are not dues dues-paying members. Section 5. The employee agrees to cooperate fully with the Legal Department if the Legal Department undertakes the defense of said employee. If the employee has been scheduled to meet with the Legal Department, the employee must attend that meeting as scheduled. If the Legal Department has determined that the employee's attendance at a hearing or deposition is necessary and has asked or instructed said employee to attend, the attendance at the hearing or deposition will be without loss of pay or and/or benefits. Section 6. In all suits in which the Legal Department has undertaken the defense of an employee wherein the employee is named as an individual defendant and wherein the employee may be personally liable, the employee shall be advised of all motions, hearings, and settlement offers unless the employee requests otherwise in writing.

LEGAL BENEFIT. Section 1. The Employer shall, upon the request of an employee covered by this Agreement and after notice of the suit against the employee has been given to the Legal Department within five (5) days after service upon the employee, undertake the defense of that employee against any civil damage suit where the employee was acting within the scope of his employment and the employee did not act in bad faith, with malicious purpose, in a manner exhibiting wanton and willful disregard of human rights, safety, and property. Section 2. The Employer shall, upon the request of an employee covered by this Agreement and after notice of the suit against the employee has been given to the City Legal Department within five (5) days after service upon the employee, undertake the defense of that employee against any civil damage suit where the employee was acting within the scope of his employment even if the complaint alleges that the employee acted in bad faith, or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, and property. However, in those cases where the City Attorney has reason to believe that there exists a substantial factual basis for the complaint's allegations of bad faith, malicious purpose, or wanton and willful disregard, the Employer shall not be required to undertake the defense of the employee, as set forth in Florida Statutes Section 111.07. Section 3. In a civil damage suit where a defense is provided by the Employer, the Employer will indemnify that employee against any judgments, except for punitive damage judgments, levied in that suit against the employee as a result of the employee’s his actions while acting within the scope of his employment up to the recovery limits specified in Florida Statutes Section 768.28(5) as amended. Section 4. The City recognizes that the Union provides a legal benefit wherein the Union provides an attorney for the defense of dues-paying member employees in civil damage suits. The If the employee may wishes to substitute this attorney or any other attorney of the employee’s his own choosing at the employee’s his own expense for the City's attorney attorney, he may do so without affecting any his rights to indemnification under Section 3 of this Article provided the employee has the permission of the City Attorney and provided any settlement or claim negotiated by the employee's private counsel has been authorized by the City Attorney. Nothing within this section shall be interpreted to imply that the Union shall provide the legal defense benefit coverage to those employees covered by this Agreement who are not dues paying members.indemnification Section 5. The employee agrees to cooperate fully with the Legal Department if the Legal Department undertakes the defense of said employee. If the employee has been scheduled to meet with the Legal Department, the employee must attend that meeting as scheduled. If the Legal Department has determined that the employee's attendance at a hearing or deposition is necessary and has asked or instructed said employee to attend, the attendance at the hearing or deposition will be without loss of pay or benefits. Section 6. In all suits in which the Legal Department has undertaken the defense of an employee wherein the employee is named as an individual defendant and wherein the employee may be personally liable, the employee shall be advised of all motions, hearings, and settlement offers unless the employee requests otherwise in writing.

LEGAL BENEFIT. Section 1. The Employer shall, upon the request of an employee covered by this Agreement Section 2. The Employer shall, upon the request of an employee covered by this Agreement and after notice of the suit against the employee has been given to the Legal Department within five (5) days after service upon the employee, undertake the defense of that employee against any civil damage suit where the employee was acting within the scope of employment and the employee did not act in bad faith, with malicious purpose, in a manner exhibiting wanton and willful disregard of human rights, safety, and property. Section 2. The Employer shall, upon the request of an employee covered by this Agreement and after notice of the suit against the employee has been given to the City Legal Department within five (5) days after service upon the employee, undertake the defense of that employee against any civil damage suit where the employee was acting within the scope of his employment even if the complaint alleges that the employee acted in bad faith, ; or with malicious purpose, ; or in a manner exhibiting wanton and willful disregard of human rights, safety, and property. However, in those cases where the City Attorney has reason to believe that there exists a substantial factual basis for the complaint's allegations of bad faith, malicious purpose, or wanton and willful disregard, the Employer shall not be required to undertake the defense of the employee, as set forth in Florida Statutes Section 111.07. Section 3. In a civil damage suit where a defense is provided by the Employer, the Employer will indemnify that employee against any judgments, except for punitive damage judgments, levied in that suit against the employee as a result of the employee’s his actions while acting within the scope of his employment up to the recovery limits specified in Florida Statutes Section 768.28(5) as amended. Section 4. The City recognizes that the Union provides a legal benefit wherein the Union provides an attorney for the defense of dues-paying member employees in civil damage suits. The If the employee may wishes to substitute this attorney or any other attorney of the employee’s his own choosing at the employee’s his own expense for the City's attorney attorney, he may do so without affecting any his rights to indemnification under Section 3 of this Article provided the employee he has the permission of the City Attorney and provided any settlement or claim negotiated by the employee's private counsel has been authorized by the City Attorney. Nothing within this section shall be interpreted to imply that the Union shall provide the legal defense benefit coverage to those employees covered by this Agreement who are not dues dues-paying members. Section 5. The employee agrees to cooperate fully with the Legal Department if the Legal Department undertakes the defense of said employee. If the employee has been scheduled to meet with the Legal Department, the employee must attend that meeting as scheduled. If the Legal Department has determined that the employee's attendance at a hearing or deposition is necessary and has asked or instructed said employee to attend, the attendance at the hearing or deposition will be without loss of pay or and/or benefits. Section 6. In all suits in which the Legal Department has undertaken the defense of an employee wherein the employee is named as an individual defendant and wherein the employee may be personally liable, the employee shall be advised of all motions, hearings, and settlement offers unless the employee requests otherwise in writing.

LEGAL BENEFIT. Section 1. The Employer shall, upon the request of an employee covered by this Agreement and after notice of the suit against the employee has been given to the Legal Department within five (5) days after service upon the employee, undertake the defense of that employee against any civil damage suit where the employee was acting within the scope of his employment and the employee did not act in bad faith, with malicious purpose, in a manner exhibiting wanton and willful disregard of human rights, safety, and property. Section 2. The Employer shall, upon the request of an employee covered by this Agreement and after notice of the suit against the employee has been given to the City Legal Department within five (5) days after service upon the employee, undertake the defense of that employee against any civil damage suit where the employee was acting within the scope of his employment even if the complaint alleges that the employee acted in bad faith, or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, and property. However, in those cases where the City Attorney has reason to believe that there exists a substantial factual basis for the complaint's allegations of bad faith, malicious purpose, or wanton and willful disregard, the Employer shall not be required to undertake the defense of the employee, as set forth in Florida Statutes Section 111.07.a Section 3. In a civil damage suit where a defense is provided by the Employer, the Employer will indemnify that employee against any judgments, except for punitive damage judgments, levied in that suit against the employee as a result of the employee’s his actions while acting within the scope of his employment up to the recovery limits specified in Florida Statutes Section 768.28(5) as amended. Section 4. The City recognizes that the Union provides a legal benefit wherein the Union provides an attorney for the defense of dues-paying member employees in civil damage suits. The If the employee may wishes to substitute this attorney or any other attorney of the employee’s his own choosing at the employee’s his own expense for the City's attorney attorney, he may do so without affecting any his rights to indemnification under Section 3 of this Article provided the employee he has the permission of the City Attorney and provided any settlement or claim negotiated by the employee's private counsel has been authorized by the City Attorney. Nothing within this section shall be interpreted to imply that the Union shall provide the legal defense benefit coverage to those employees covered by this Agreement who are not dues paying members. Section 5. The employee agrees to cooperate fully with the Legal Department if the Legal Department undertakes the defense of said employee. If the employee has been scheduled to meet with the Legal Department, the employee must attend that meeting as scheduled. If the Legal Department has determined that the employee's attendance at a hearing or deposition is necessary and has asked or instructed said employee to attend, the attendance at the hearing or deposition will be without loss of pay or benefits. Section 6. In all suits in which the Legal Department has undertaken the defense of an employee wherein the employee is named as an individual defendant and wherein the employee may be personally liable, the employee shall be advised of all motions, hearings, and settlement offers unless the employee requests otherwise in writing.

LEGAL BENEFIT. Section 1. The Employer shall, upon the request of an employee covered by this Agreement and after notice of the suit against the employee has been given to the Legal Department within five (5) days after service upon the employee, undertake the defense of that employee against any civil damage suit where the employee was acting within the scope of his employment and the employee did not act in bad faith, or with malicious purpose, purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, safety and property. Section 2. The Employer shall, upon the request of an employee covered by this Agreement and after notice of the suit against the employee has been given to the City Legal Department within five (5) days after service upon the employee, undertake the defense of that employee against any civil damage suit where the employee was acting within the scope of his employment even if the complaint alleges that the employee acted in bad faith, ; or with malicious purpose, ; or in a manner exhibiting wanton and willful disregard of human rights, safety, and property. However, in those cases where the City Attorney has reason to believe that there exists a substantial factual basis for the complaint's allegations of bad faith, malicious purpose, or wanton and willful disregard, the Employer shall not be required to undertake the defense of the employee, as set forth in Florida Statutes Section 111.07. Section 3. In a civil damage suit where a defense is provided by the Employer, the Employer will indemnify that employee against any judgments, except for punitive damage judgments, levied in that suit against the employee as a result of the employee’s his actions while acting within the scope of his employment up to the recovery limits specified in Florida Statutes Section 768.28(5) as amended. Section 4. The City recognizes that the Union provides a legal benefit wherein the Union provides an attorney for the defense of dues-paying member employees in civil damage suits. The If the employee may wishes to substitute this attorney or any other attorney of the employee’s his own choosing at the employee’s his own expense for the City's attorney attorney, he may do so without affecting any his rights to indemnification under Section 3 of this Article provided the employee he has the permission of the City Attorney and provided any settlement or claim negotiated by the employee's private counsel has been authorized by the City Attorney. Nothing within this section shall be interpreted to imply that the Union shall provide the legal defense benefit coverage to those employees covered by this Agreement who are not dues dues-paying members. Section 5. The employee agrees to cooperate fully with the Legal Department if the Legal Department undertakes the defense of said employee. If the employee has been scheduled to meet with the Legal Department, the employee must attend that meeting as scheduled. If the Legal Department has determined that the employee's attendance at a hearing or deposition is necessary and has asked or instructed said employee to attend, the attendance at the hearing or deposition will be without loss of pay or and/or benefits. Section 6. In all suits in which the Legal Department has undertaken the defense of an employee wherein the employee is named as an individual defendant and wherein the employee may be personally liable, the employee shall be advised of all motions, hearings, and settlement offers unless the employee requests otherwise in writing.