Common use of Legal Liability Clause in Contracts

Legal Liability. A. In the event that a legal action or complaint is filed against the employee involving actions taken by the employee in his/her authorized employment capacity for the District, the District will provide legal representation and indemnification provided that: 1. A copy of the Complaint and Summons or other relevant legal papers is transmitted to the District’s Office of General Counsel within seven (7) calendar days or five (5) business days after service upon the employee/defendant. 2. If at any time prior to or during the District’s representation and indemnification of the employee, pursuant to the District’s investigation and reasonable determination, it is determined that the employee/defendant was not acting within the scope of his/her authorized authority and duties as a representative and employee of the District, the District shall withdraw representation and cease its obligation to indemnify. 3. If at any time prior to or during the District’s representation and indemnification of the employee, pursuant to the District’s investigation and reasonable determination, it is determined that the employee’s actions were not in accord with District policy in carrying out the functions that gave rise to the legal action, the District shall withdraw representation and cease its obligation to indemnify. 4. If at any time prior to or during the District’s representation and indemnification of the employee, pursuant to the District’s investigation and reasonable determination, it is determined that the employee’s actions were illegal or criminal in nature, the District shall withdraw representation and cease its obligation to indemnify. B. Except as provided for in Article Twenty Three, the District will not provide legal representation or indemnification for the employee if he/she has been charged with criminal or illegal activity arising from the employee’s actions during the course of his/her employment. C. As a prerequisite to receiving legal defense/indemnification, an employee who requests legal defense or indemnification pursuant to this Article, shall cooperate in the investigation and defense of his/her case. D. The employee’s failure to cooperate could result in denying or withdrawing the defense and indemnification. Prior to withdrawal, the District will provide written notification to the employee and the Union which lists the specific areas in which cooperation is lacking. Within five (5) business days of receipt of such notification from the District, the Union shall attempt to secure the employee’s cooperation. E. The Union or employee shall, within five (5) days of receipt of the notification, notify the District in writing with a detailed explanation as to how the specific areas in which cooperation is lacking will be remedied. If such notification is not received within the five (5) day period, or the detailed explanation is not satisfactory to the District, the District may withdraw representation and cease its obligation to indemnify. F. Any subsequent failure to cooperate by the employee will result in the withdrawal of representation and indemnification. G. The provisions of this Article are not intended to prevent an employee from retaining legal representation other than that provided by the District. If, however, an employee elects to obtain legal representation outside of the District, the employee is fully responsible for any and all costs, legal fees, interest or judgments which result from the legal process. H. With the exception of Article Twenty Three, decisions by the District with respect to the provision of legal representation and indemnification to individual employees shall not be subject to the grievance procedure, provided, however, in the event the Union disagrees with the District’s decision on reasonable grounds, at the Union’s request it may meet with the Office of General Counsel for the District for the purpose of appealing such decision.

Legal Liability. A. In the event that a legal action or complaint is filed against the employee involving in- volving actions taken by the employee in his/her authorized employment capacity ca- pacity for the District, the District will provide legal representation and indemnification provided that: 1. A copy of the Complaint and Summons or other relevant legal papers is transmitted trans- mitted to the District’s Office of General Counsel within seven (7) calendar days or five (5) business days after service upon the employee/defendant. 2. If at any time prior to or during the District’s representation and indemnification indemni- fication of the employee, pursuant to the District’s investigation and reasonable rea- sonable determination, it is determined that the employee/defendant was not acting within the scope of his/her authorized authority and duties as a representative and employee of the District, the District shall withdraw representation rep- resentation and cease its obligation to indemnify. 3. If at any time prior to or during the District’s representation and indemnification indemni- fication of the employee, pursuant to the District’s investigation and reasonable rea- sonable determination, it is determined that the employee’s actions were not in accord with District policy in carrying out the functions that gave rise to the legal action, the District shall withdraw representation and cease its obligation to indemnify. 4. If at any time prior to or during the District’s representation and indemnification indemni- fication of the employee, pursuant to the District’s investigation and reasonable rea- sonable determination, it is determined that the employee’s actions were illegal or criminal in nature, the District shall withdraw representation and cease its obligation to indemnify. B. Except as provided for in Article Twenty Three, the District will not provide legal representation or indemnification for the employee if he/she has been charged with criminal or illegal activity arising from the employee’s actions during the course of his/her employment. C. As a prerequisite to receiving legal defense/indemnification, an employee who requests legal defense or indemnification pursuant to this Article, shall cooperate coop- erate in the investigation and defense of his/her case. D. The employee’s failure to cooperate could result in denying or withdrawing the defense and indemnification. Prior to withdrawal, the District will provide written notification to the employee and the Union which lists the specific areas in which cooperation is lacking. Within five (5) business days of receipt of such notification from the District, the Union shall attempt to secure the employeeem- ployee’s cooperation. E. The Union or employee shall, within five (5) days of receipt of the notification, notify the District in writing with a detailed explanation as to how the specific areas in which cooperation is lacking will be remedied. If such notification is not received within the five (5) day period, or the detailed explanation is not satisfactory to the District, the District may withdraw representation and cease its obligation to indemnify. F. Any subsequent failure to cooperate by the employee will result in the withdrawal with- drawal of representation and indemnification. G. The provisions of this Article are not intended to prevent an employee from retaining legal representation other than that provided by the District. If, howeverhow- ever, an employee elects to obtain legal representation outside of the District, the employee is fully responsible for any and all costs, legal fees, interest or judgments which result from the legal process. H. With the exception of Article Twenty Three, decisions by the District with respect re- spect to the provision of legal representation and indemnification to individual employees shall not be subject to the grievance procedure, provided, however, in the event the Union disagrees with the District’s decision on reasonable grounds, at the Union’s request it may meet with the Office of General Counsel for the District for the purpose of appealing such decision.

Legal Liability. A. In the event that a legal action or complaint is filed against the employee involving actions taken by the employee in his/her authorized employment capacity for the District, the District will provide legal representation and indemnification provided that: 1. A copy of the Complaint and Summons or other relevant legal papers is transmitted to the District’s Office of General Counsel within seven (7) calendar days or five (5) business days after service upon the employee/defendant. 2. If at any time prior to or during the District’s representation and indemnification of the employee, pursuant to the District’s investigation and reasonable determination, it is determined that the employee/defendant was not acting within the scope of his/her authorized authority and duties as a representative and employee of the District, the District shall withdraw representation and cease its obligation to indemnify. 3. If at any time prior to or during the District’s representation and indemnification of the employee, pursuant to the District’s investigation and reasonable determination, it is determined that the employee’s actions were not in accord with District policy in carrying out the functions that gave rise to the legal action, the District shall withdraw representation and cease its obligation to indemnify. 4. If at any time prior to or during the District’s representation and indemnification of the employee, pursuant to the District’s investigation and reasonable determination, it is determined that the employee’s actions were illegal or criminal in nature, the District shall withdraw representation and cease its obligation to indemnify. B. Except as provided for in Article Twenty ThreeOne, the District will not provide legal representation or indemnification for the employee if he/she has been charged with criminal or illegal activity arising from the employee’s actions during the course of his/her employment. C. As a prerequisite to receiving legal defense/indemnification, an employee who requests legal defense or indemnification pursuant to this Article, shall cooperate in the investigation and defense of his/her case. D. The employee’s failure to cooperate could result in denying or withdrawing the defense and indemnification. Prior to withdrawal, the District will provide written notification to the employee and the Union which lists the specific areas in which cooperation is lacking. Within five (5) business days of receipt of such notification from the District, the Union shall attempt to secure the employee’s cooperation. E. The Union or employee shall, within five (5) days of receipt of the notification, notify the District in writing with a detailed explanation as to how the specific areas in which cooperation is lacking will be remedied. If such notification is not received within the five (5) day period, or the detailed explanation is not satisfactory to the District, the District may withdraw representation and cease its obligation to indemnify. F. Any subsequent failure to cooperate by the employee will result in the withdrawal of representation and indemnification. G. The provisions of this Article are not intended to prevent an employee from retaining legal representation other than that provided by the District. If, however, an employee elects to obtain legal representation outside of the District, the employee is fully responsible for any and all costs, legal fees, interest or judgments which result from the legal process. H. With the exception of Article Twenty ThreeOne, decisions by the District with respect to the provision of legal representation and indemnification to individual employees shall not be subject to the grievance procedure, provided, however, in the event the Union disagrees with the District’s decision on reasonable grounds, at the Union’s request it may meet with the Office of General Counsel for the District for the purpose of appealing such decision.. :

Legal Liability. A. In the event that a legal action or complaint is filed against the employee involving actions taken by the employee in his/her authorized employment capacity for the District, the District will provide legal representation and indemnification provided that: 1. A copy of the Complaint and Summons or other relevant legal papers is transmitted to the District’s Office of General Counsel within seven (7) calendar days or five (5) business days after service upon the employee/defendant. 2. If at any time prior to or during the District’s representation and indemnification of the employee, pursuant to the District’s investigation and reasonable determination, it is determined that the employee/defendant was not acting within the scope of his/her authorized authority and duties as a representative and employee of the District, the District shall withdraw representation and cease its obligation to indemnify. 3. If at any time prior to or during the District’s representation and indemnification of the employee, pursuant to the District’s investigation and reasonable determination, it is determined that the employee’s actions were not in accord with District policy in carrying out the functions that gave rise to the legal action, the District shall withdraw representation and cease its obligation to indemnify. 4. If at any time prior to or during the District’s representation and indemnification of the employee, pursuant to the District’s investigation and reasonable determination, it is determined that the employee’s actions were illegal or criminal in nature, the District shall withdraw representation and cease its obligation to indemnify. B. Except as provided for in Article Twenty Three, the The District will not provide legal representation or indemnification for the employee if he/she has been charged with criminal or illegal activity arising from the employee’s actions during the course of his/her employment. C. As a prerequisite to receiving legal defense/indemnification, an employee who requests legal defense or indemnification pursuant to this Article, shall cooperate in the investigation and defense of his/her case. D. . The employee’s failure to cooperate could result in denying or withdrawing the defense and indemnification. Prior to withdrawal, the District will provide written notification to the employee and the Union which lists the specific areas in which cooperation is lacking. Within five (5) business days of receipt of such notification from the District, the Union shall attempt to secure the employee’s cooperation. E. The Union or employee shall, within five (5) days of receipt of the notification, notify the District in writing with a detailed explanation as to how the specific areas in which cooperation is lacking will be remedied. If such notification is not received within the five (5) day period, or the detailed explanation is not satisfactory to the District, the District may withdraw representation and cease its obligation to indemnify. F. Any subsequent failure to cooperate by the employee will result in the withdrawal of representation and indemnification. G. D. The provisions of this Article are not intended to prevent an employee from retaining legal representation other than that provided by the District. If, however, an employee elects to obtain legal representation outside of the District, the employee is fully responsible for any and all costs, legal fees, interest or judgments which result from the legal process. H. With the exception of Article Twenty Three, decisions E. Decisions by the District with respect to the provision of legal representation and indemnification to individual employees shall not be subject to the grievance procedure, provided, however, in the event the Union disagrees with the District’s decision on reasonable grounds, at the Union’s request it may meet with the Office of General Counsel for the District for the purpose of appealing such decision.

Legal Liability. A. In the event that a legal action or complaint is filed against the employee involving actions taken by the employee in his/her authorized employment capacity for the District, the District will provide legal representation and indemnification provided that: 1. A copy of the Complaint and Summons or other relevant legal papers is transmitted to the District’s Office of General Counsel within seven (7) calendar days or five (5) business days after service upon the employee/defendant. 2. If at any time prior to or during the District’s representation and indemnification of the employee, pursuant to the District’s investigation and reasonable determination, it is determined that the employee/defendant was not acting within the scope of his/her authorized authority and duties as a representative and employee of the District, the District shall withdraw representation and cease its obligation to indemnify. 3. If at any time prior to or during the District’s representation and indemnification of the employee, pursuant to the District’s investigation and reasonable determination, it is determined that the employee’s actions were not in accord with District policy in carrying out the functions that gave rise to the legal action, the District shall withdraw representation and cease its obligation to indemnify. 4. If at any time prior to or during the District’s representation and indemnification of the employee, pursuant to the District’s investigation and reasonable determination, it is determined that the employee’s actions were illegal or criminal in nature, the District shall withdraw representation and cease its obligation to indemnify. B. Except as provided for in Article Twenty ThreeOne, the District will not provide legal representation or indemnification for the employee if he/she has been charged with criminal or illegal activity arising from the employee’s actions during the course of his/her employment. C. As a prerequisite to receiving legal defense/indemnification, an employee who requests legal defense or indemnification pursuant to this Article, shall cooperate in the investigation and defense of his/her case. D. The employee’s failure to cooperate could result in denying or withdrawing the defense and indemnification. Prior to withdrawal, the District will provide written notification to the employee and the Union which lists the specific areas in which cooperation is lacking. Within five (5) business days of receipt of such notification from the District, the Union shall attempt to secure the employee’s cooperation. E. The Union or employee shall, within five (5) days of receipt of the notification, notify the District in writing with a detailed explanation as to how the specific areas in which cooperation is lacking will be remedied. If such notification is not received within the five (5) day period, or the detailed explanation is not satisfactory to the District, the District may withdraw representation and cease its obligation to indemnify. F. Any subsequent failure to cooperate by the employee will result in the withdrawal of representation and indemnification. G. The provisions of this Article are not intended to prevent an employee from retaining legal representation other than that provided by the District. If, however, an employee elects to obtain legal representation outside of the District, the employee is fully responsible for any and all costs, legal fees, interest or judgments which result from the legal process. H. With the exception of Article Twenty Three, decisions by the District with respect to the provision of legal representation and indemnification to individual employees shall not be subject to the grievance procedure, provided, however, in the event the Union disagrees with the District’s decision on reasonable grounds, at the Union’s request it may meet with the Office of General Counsel for the District for the purpose of appealing such decision.