Common use of LEGAL INDEMNIFICATION Clause in Contracts

LEGAL INDEMNIFICATION. The Employer shall continue to contract with an insurance carrier for the purpose of providing legal expense reimbursements similar to the present coverage provided by the American Home Assurance Company under Commercial General Liability Policy No. The Employer will provide each Employee with a summary of the legal indemnification contained in the contract of insurance. In addition to the foregoing, where an Employee has been charged with an offence under any Act (as defined in the Contract of Insurance at Endorsement No. 9) the Chief of Police may, on a written application from the Employee, supported by a letter from the Employee’s counsel, provide funds to the Employee for the purpose of providing a retainer to such counsel of choice for legal fees and disbursements. Upon receipt of a written application for funds, the Chief of Police shall proceed as follows: The Chief of Police shall, in his discretion and on a reasonable basis, determine if the Employee is likely to be indemnified for the costs of legal counsel pursuant to the Contract of Insurance referred to above, and, if he determines that coverage is reasonably foreseeable, then The Chief of Police shall provide funds to the Employee’s counsel in an amount not greater than ten (10%) percent of the estimated legal fees and disbursements, or five thousand ($5,000.00) dollars, whichever is the lesser amount. In the event of a dispute, the amount shall be determined by the Board’s solicitor. In the event it is subsequently determined that the Employee is not entitled to indemnification under the Contract of Insurance by virtue of a conviction or otherwise, the Employee shall reimburse the Board for all funds advanced. If an Employee is subsequently acquitted or exonerated of any alleged offence under any Act, while was acting in the lawful execution of their duty, the Employer shall pay any deductible contained in the Contract of Insurance. The Alliance agrees with the Employer that, subject to the terms and provisions of the Contract of Insurance referred to above and this paragraph, there is no legal obligation on the Employer to provide legal indemnification for the Employees of the Bargaining Unit.

LEGAL INDEMNIFICATION. The Employer 41.01 Subject to the other provisions of this Article: (a) an employee charged with but found not guilty of a criminal or other federal offence, because of acts done in good faith in the performance of his/her duties as an employee, shall continue to contract with an insurance carrier be indemnified for the purpose necessary and reasonable legal costs incurred in t he defence of providing such charges; (b) an employee charged with but found not guilty of a provincial offence, because of acts done in good faith in the performance of his/her duties as an employee, shall be indemnified for up to five- thousand dollars ($5,000) of the necessary and reasonable legal expense reimbursements similar costs incurred in the defence of such charges; (c) an employee who has been designated as a witness in an investigation undertaken by the Special Investigations Unit (SIU) shall be indemnified for the necessary and reasonable legal costs incurred during the initial, on-site investigation by the SIU. Where more than one employee has been designated as a witness with respect to an SIU investigation, necessary and reasonable legal costs will be indemnified for one counsel collectively for all witness employees; (d) where an employee is named a respondent/defendant in a proceeding at the Ontario Human Rights Tribunal or in any other civil action for damages arising out of acts done in good faith in the performance of his/her duties, and a government lawyer (or in the case of an insured claim, counsel retained by the insurer) determines he/she is unable to act for the employee, the employee shall be indemnified for the necessary and reasonable legal costs incurred in defending the action, if the employee is not found to be liable. Any legal costs which are recovered by the employee in the action shall be deducted from the reimbursement; and (e) where an employee’s conduct has been called into question in the course of a Public Inquiry or a Coroner’s Inquest and the employee was acting in good faith in the performance of his/her duties and counsel acting on behalf of the Employer determines he/she is unable to act for the employee, the employee shall be indemnified for the necessary and reasonable legal costs incurred in defending the action. (f) Employees shall be entitled to legal indemnification under this article with respect to matters relating to the present coverage provided Mandatory Blood Testing Act, 2006 as set out in Police Orders. 41.02 Employees shall not be indemnified for legal costs arising from: (a) grievances or complaints under the Collective Agreement between the Employer and the Association or under the Public Service of Ontario Act, 2006; (b) the actions or omissions of employees acting in their capacity as private citizens; or (c) investigations and complaints under the Respectful Workplace Policy. 41.03 For the purposes of 41.01(a) and 41.01(b), an employee: (a) shall be deemed to have been found not guilty where: he/she is finally acquitted; the charges are withdrawn; or he/she is discharged following a preliminary inquiry; and (b) shall be deemed to have been found guilty where: he/she is given an absolute or conditional discharge; or he/she subsequently is found guilty of or pleads guilty to other charges arising out of the same incident(s). (a) Applications for approval for legal indemnification shall be made in writing to the Commissioner or Assistant Deputy Minister, as applicable, as soon as the employee is aware of a legal proceeding in which he/she requires legal representation. (b) Legal costs incurred prior to approval for legal indemnification will only be reimbursed where the Employer is satisfied that it was not possible in the circumstances for the employee to obtain prior approval and that the application for approval was made at the earliest opportunity. (c) The employee shall enter into a written retainer agreement with counsel retained by the American Home Assurance Company under Commercial General Liability Policy Noemployee. The form and substance of the retainer, including the terms and conditions of the agreement, shall be subject to the approval of the Employer. (d) For the purposes of this Article, “legal costs” shall be the actual costs disclosed on the accounts rendered by the legal counsel performing the work. (e) Any account submitted by counsel retained by the employee is subject to the review and approval of the Employer. In the event the Employer does not approve the actual costs disclosed on the account, the employee may have the account assessed on a solicitor and client basis by a court assessment officer. The Employer will provide each Employee reimburse the employee for the fee charged to the employee for filing a request for an assessment with a summary court assessment officer. 41.05 For the purposes of this Article: (a) The legal costs shall be deemed to have been incurred by the legal indemnification contained in employee notwithstanding that the contract of insurance. In addition to the foregoing, where an Employee has been charged with an offence under any Act (as defined in the Contract of Insurance at Endorsement No. 9) the Chief of Police may, on a written application employee may have received financial assistance from the Employee, supported by a letter from the Employee’s counsel, provide funds to the Employee for the purpose of providing a retainer to such counsel of choice for legal fees and disbursements. Upon receipt of a written application for funds, the Chief of Police shall proceed as follows: The Chief of Police shall, Association in his discretion and on a reasonable basis, determine if the Employee is likely to be indemnified for the costs of legal counsel pursuant to the Contract of Insurance referred to above, and, if he determines that coverage is reasonably foreseeable, then The Chief of Police shall provide funds to the Employee’s counsel in an amount not greater than ten (10%) percent of the estimated legal fees and disbursements, respect thereof or five thousand ($5,000.00) dollars, whichever is the lesser amount. In the event of a dispute, the amount shall be determined by the Board’s solicitor. In the event it is subsequently determined that the Employee is not entitled to indemnification under Association paid or incurred the Contract of Insurance by virtue of a conviction or otherwise, the Employee shall reimburse the Board for all funds advanced. If an Employee is subsequently acquitted or exonerated of any alleged offence under any Act, while was acting in the lawful execution of their duty, the Employer shall pay any deductible contained in the Contract of Insurance. The Alliance agrees with the Employer that, subject to the terms and provisions of the Contract of Insurance referred to above and this paragraph, there is no legal obligation on the Employer to provide legal indemnification for the Employees of the Bargaining Unit.expenses directly; and

LEGAL INDEMNIFICATION. The Employer If the Board makes a determination in good faith that it is proper and appropriate under the specific circumstances, then Deerfield shall continue indemnify and hold harmless Employee from and against, and reimburse Employee’s expenses incurred in connection with, any losses, damages, fines, penalties, liabilities, costs and expenses (including attorneys’ fees and court costs) to contract which Employee may become subject that arise out of the actions or omissions of Employee in connection with Employee’s activities or alleged activities taken in good faith by Employee in Employee’s capacity as an insurance carrier for employee of Deerfield (“Losses”); provided that (i) Employee is in full compliance with all terms, conditions, representations and warranties set forth in this Agreement; (ii) Employee promptly notifies Deerfield of any claim made or litigation filed against Employee; (iii) Employee does not settle or compromise the purpose of providing claim or litigation as to Employee without Deerfield’s prior written consent; and (iv) Deerfield’s own legal expense reimbursements similar to counsel shall defend Employee in connection with any such Losses unless otherwise agreed between the present coverage provided parties. In no event shall Deerfield indemnify and hold harmless Employee or reimburse Employee under this Section 8(n) beyond the maximum extent permitted by the American Home Assurance Company under Commercial General Liability Policy No. The Employer will provide each Employee with a summary law of the legal indemnification contained in the contract state of insurance. In addition to the foregoingincorporation of Deerfield or for any actions or omissions constituting gross negligence, where an Employee has been charged with an offence under any Act (as defined in the Contract willful misconduct, fraud, misrepresentation, bad faith, criminal conduct or a basis for termination for Cause of Insurance at Endorsement No. 9) the Chief of Police may, on a written application from the Employee, supported by a letter from the Employee’s counsel, provide funds to employment hereunder. To the extent that Deerfield advances Employee for the purpose of providing a retainer any amounts with respect to such counsel of choice for legal fees and disbursements. Upon receipt of a written application for fundsLosses, the Chief of Police Employee shall proceed as follows: The Chief of Police shall, in his discretion and on a reasonable basis, determine if the Employee is likely to be indemnified for the costs of legal counsel pursuant to the Contract of Insurance referred to above, and, if he determines that coverage is reasonably foreseeable, then The Chief of Police shall provide funds to the Employee’s counsel in an amount not greater than ten (10%) percent of the estimated legal fees and disbursements, or five thousand ($5,000.00) dollars, whichever is the lesser amount. In the event of a dispute, repay Deerfield the amount shall be determined by the Board’s solicitor. In the event of such advance if it is subsequently ultimately determined that the Employee is not entitled to indemnification under the Contract of Insurance by virtue of a conviction or otherwise, the Employee shall reimburse the Board for all funds advanced. If an Employee is subsequently acquitted or exonerated of any alleged offence under any Act, while was acting in the lawful execution of their duty, the Employer shall pay any deductible contained in the Contract of Insurance. The Alliance agrees with the Employer that, subject be indemnified against such Losses pursuant to the terms and provisions of the Contract of Insurance referred to above and this paragraph, there is no legal obligation on the Employer to provide legal indemnification for the Employees of the Bargaining UnitSection 8(n).

LEGAL INDEMNIFICATION. The Employer 41.01 Subject to the other provisions of this Article: (a) an employee charged with but found not guilty of a criminal or other federal offence, because of acts done in good faith in the performance of his/her duties as an employee, shall continue to contract with an insurance carrier be indemnified for the purpose necessary and reasonable legal costs incurred in the defence of providing such charges; (b) an employee charged with but found not guilty of a provincial offence, because of acts done in good faith in the performance of his/her duties as an employee, shall be indemnified for up to five- thousand dollars ($5,000) of the necessary and reasonable legal expense reimbursements similar costs incurred in the defence of such charges; (c) an employee who has been designated as a witness in an investigation undertaken by the Special Investigations Unit (SIU) shall be indemnified for the necessary and reasonable legal costs incurred during the initial, on-site investigation by the SIU. Where more than one employee has been designated as a witness with respect to an SIU investigation, necessary and reasonable legal costs will be indemnified for one counsel collectively for all witness employees; (d) where an employee is named a respondent/defendant in a proceeding at the Ontario Human Rights Tribunal or in any other civil action for damages arising out of acts done in good faith in the performance of his/her duties, and a government lawyer (or in the case of an insured claim, counsel retained by the insurer) determines he/she is unable to act for the employee, the employee shall be indemnified for the necessary and reasonable legal costs incurred in defending the action, if the employee is not found to be liable. Any legal costs which are recovered by the employee in the action shall be deducted from the reimbursement; and (e) where an employee’s conduct has been called into question in the course of a Public Inquiry or a Coroner’s Inquest and the employee was acting in good faith in the performance of his/her duties and counsel acting on behalf of the Employer determines he/she is unable to act for the employee, the employee shall be indemnified for the necessary and reasonable legal costs incurred in defending the action. (f) Employees shall be entitled to legal indemnification under this article with respect to matters relating to the present coverage provided Mandatory Blood Testing Act, 2006 as set out in Police Orders. 41.02 Employees shall not be indemnified for legal costs arising from: (a) grievances or complaints under the Collective Agreement between the Employer and the Association or under the Public Service of Xxxxxxx Xxx, 0000; (b) the actions or omissions of employees acting in their capacity as private citizens;or (c) investigations and complaints under the Respectful Workplace Policy. 41.03 For the purposes of 41.01(a) and 41.01(b), an employee: (a) shall be deemed to have been found not guilty where: he/she is finally acquitted; the charges are withdrawn; or he/she is discharged following a preliminary inquiry; and (b) shall be deemed to have been found guilty where: he/she is given an absolute or conditional discharge; or he/she subsequently is found guilty of or pleads guilty to other charges arising out of the same incident(s). (a) Applications for approval for legal indemnification shall be made in writing to the Commissioner or Assistant Deputy Minister, as applicable, as soon as the employee is aware of a legal proceeding in which he/she requires legal representation. (b) Legal costs incurred prior to approval for legal indemnification will only be reimbursed where the Employer is satisfied that it was not possible in the circumstances for the employee to obtain prior approval and that the application for approval was made at the earliest opportunity. (c) The employee shall enter into a written retainer agreement with counsel retained by the American Home Assurance Company under Commercial General Liability Policy Noemployee. The form and substance of the retainer, including the terms and conditions of the agreement, shall be subject to the approval of the Employer. (d) For the purposes of this Article, “legal costs” shall be the actual costs disclosed on the accounts rendered by the legal counsel performing the work. (e) Any account submitted by counsel retained by the employee is subject to the review and approval of the Employer. In the event the Employer does not approve the actual costs disclosed on the account, the employee may have the account assessed on a solicitor and client basis by a court assessment officer. The Employer will provide each Employee reimburse the employee for the fee charged to the employee for filing a request for an assessment with a summary court assessment officer. 41.05 For the purposes of this Article: (a) The legal costs shall be deemed to have been incurred by the legal indemnification contained in employee notwithstanding that the contract of insurance. In addition to the foregoing, where an Employee has been charged with an offence under any Act (as defined in the Contract of Insurance at Endorsement No. 9) the Chief of Police may, on a written application employee may have received financial assistance from the Employee, supported by a letter from the Employee’s counsel, provide funds to the Employee for the purpose of providing a retainer to such counsel of choice for legal fees and disbursements. Upon receipt of a written application for funds, the Chief of Police shall proceed as follows: The Chief of Police shall, Association in his discretion and on a reasonable basis, determine if the Employee is likely to be indemnified for the costs of legal counsel pursuant to the Contract of Insurance referred to above, and, if he determines that coverage is reasonably foreseeable, then The Chief of Police shall provide funds to the Employee’s counsel in an amount not greater than ten (10%) percent of the estimated legal fees and disbursements, respect thereof or five thousand ($5,000.00) dollars, whichever is the lesser amount. In the event of a dispute, the amount shall be determined by the Board’s solicitor. In the event it is subsequently determined that the Employee is not entitled to indemnification under Association paid or incurred the Contract of Insurance by virtue of a conviction or otherwise, the Employee shall reimburse the Board for all funds advanced. If an Employee is subsequently acquitted or exonerated of any alleged offence under any Act, while was acting in the lawful execution of their duty, the Employer shall pay any deductible contained in the Contract of Insurance. The Alliance agrees with the Employer that, subject to the terms and provisions of the Contract of Insurance referred to above and this paragraph, there is no legal obligation on the Employer to provide legal indemnification for the Employees of the Bargaining Unit.expenses directly; and

LEGAL INDEMNIFICATION. The Employer Deerfield shall continue indemnify and hold harmless Employee from and against, and Deerfield shall reimburse Employee’s expenses incurred in connection with, any losses, damages, fines, penalties, liabilities, costs and expenses (including attorneys’ fees and court costs) to contract with an insurance carrier for the purpose of providing legal expense reimbursements similar to the present coverage provided by the American Home Assurance Company under Commercial General Liability Policy No. The Employer will provide each which Employee with a summary may become subject that arise out of the actions or omissions of Employee in connection with Employee’s activities or alleged activities taken in good faith by Employee in Employee’s capacity as an employee of Deerfield (“Losses”); provided that (i) Employee is in full compliance with all terms, conditions, representations and warranties set forth in this Agreement; (ii) Employee promptly notifies Deerfield of any claim made or litigation filed against Employee; (iii) Employee does not settle or compromise the claim or litigation as to Employee without Deerfield’s prior written consent; and (iv) Deerfield’s own legal indemnification contained counsel shall defend Employee in connection with any such Losses unless otherwise agreed between the contract of insuranceparties. In addition to Notwithstanding the foregoing, where an the duty of Deerfield to indemnify and hold harmless Employee has been charged with an offence and the obligation to reimburse Employee under any Act (as defined this Section 8(n) will not extend beyond the maximum protection permitted by the law of the state of incorporation of Deerfield and shall in the Contract no event extend to actions or omissions constituting gross negligence, willful misconduct, fraud, misrepresentation, bad faith, criminal conduct or a basis for termination for Cause of Insurance at Endorsement No. 9) the Chief of Police may, on a written application from the Employee, supported by a letter from the Employee’s counsel, provide funds to employment hereunder. To the extent that Deerfield advances Employee for the purpose of providing a retainer any amounts with respect to such counsel of choice for legal fees and disbursements. Upon receipt of a written application for fundsLosses, the Chief of Police Employee shall proceed as follows: The Chief of Police shall, in his discretion and on a reasonable basis, determine if the Employee is likely to be indemnified for the costs of legal counsel pursuant to the Contract of Insurance referred to above, and, if he determines that coverage is reasonably foreseeable, then The Chief of Police shall provide funds to the Employee’s counsel in an amount not greater than ten (10%) percent of the estimated legal fees and disbursements, or five thousand ($5,000.00) dollars, whichever is the lesser amount. In the event of a dispute, repay Deerfield the amount shall be determined by the Board’s solicitor. In the event of such advance if it is subsequently ultimately determined that the Employee is not entitled to indemnification under the Contract of Insurance by virtue of a conviction or otherwise, the Employee shall reimburse the Board for all funds advanced. If an Employee is subsequently acquitted or exonerated of any alleged offence under any Act, while was acting in the lawful execution of their duty, the Employer shall pay any deductible contained in the Contract of Insurance. The Alliance agrees with the Employer that, subject be indemnified against such Losses pursuant to the terms and provisions of the Contract of Insurance referred to above and this paragraph, there is no legal obligation on the Employer to provide legal indemnification for the Employees of the Bargaining UnitSection 8(n).