LIABILITY CLAIMS INDEMNIFICATION. Employees covered by this Agreement shall be entitled to defense and indemnification as provided in N.J.S.A. 59:10-1 et seq. and N.J.S.A. 59:10A-1 et seq.
LIABILITY CLAIMS INDEMNIFICATION. Employees covered by this Agreement shall be entitled to defense and indemnification as provided in
LIABILITY CLAIMS INDEMNIFICATION. All Managers covered by this Agreement shall be entitled to defense and indemnification as provided by law under N.J.S.A. 59:10-1 et seq. and N.J.S.A. 59:10A-1 et seq. and elsewhere as provided by law, as may be amended from time to time. Disputes arising under this article shall not be subject to the Grievance Procedure as set forth in Article V. For informational purposes only, the following paragraphs generally describe the provisions presently contained in the aforesaid statutes.
LIABILITY CLAIMS INDEMNIFICATION. A. Employees covered by this Agreement shall be entitled to defense and indemnification as provided in
B. For informational purposes only, the following paragraphs generally describe the provisions presently contained in the aforesaid statutes.
LIABILITY CLAIMS INDEMNIFICATION. Section A
LIABILITY CLAIMS INDEMNIFICATION. All employees covered by this Agreement shall be entitled to defense and indemnification by the State against liability claims or judgments arising out of the performance of their official State duties as set forth in the Laws of 1972, Chapters 45 and 48 and N.J.S.A. 59: 10A – 1 et seq. This provision is limited to employees sued in Superior Court of New Jersey, Law Division and the United States District Court for the District of New Jersey. The provision of Section D. of this Article is not subject to the contractual/grievance provisions of Article X. Instead, should the State of New Jersey, by final agency action, deny an employee covered by this agreement defense and indemnification for actions that the employee believes arose out of his or her official State duties, the employee shall have available any appeal rights as set forth under the statutes and laws referenced in this subsection.
LIABILITY CLAIMS INDEMNIFICATION. All employees covered by this Agreement shall be entitled to defense and indemnification by the State against liability claims or judgments arising out of the performance of their official State duties as set forth in the Laws of 1972, Chapters 45 and 48.
LIABILITY CLAIMS INDEMNIFICATION. A. Employees covered by this Agreement shall be entitled to defense and indemnification as provided in NJ.S.A. 59:10-1 et seq. and NJ.S.A. 59:10A-1 et seq.
B. For informational purposes only, the following paragraphs generally describe the provisions presently contained in the aforesaid.
LIABILITY CLAIMS INDEMNIFICATION. A. Employees covered by this Agreement shall be entitled to defense and indemnification as provided in N.J.S.A. 59:10-1 et seq. and N.J.S.A. 59:10A-1 et seq.
B. For informational purposes only, the following paragraphs generally describe the provisions presently contained in the aforesaid statutes.
1. Defense of Employees
a. Except as provided in paragraph 2. below, the Attorney General shall, upon request of an employee, provide for the defense of any action brought against the employee on account of an act or omission in the scope of his/her employment. The Attorney General’s duty to defend shall extend to a cross-action, counterclaim or cross-complaint against an employee.
b. The Attorney General may refuse to provide for the defense of an action referred to in paragraph 1. above if he/she determines that:
(1) the act or omission was not within the scope of employment; or
(2) the act or failure to act was because of actual fraud, willful misconduct or actual malice; or
(3) the defense of the action or proceeding by the Attorney General would create a conflict of interest between the State and the employee.
c. In any other action or proceeding, including criminal proceedings, the Attorney General may provide for the defense of an employee if he/she concludes that representation is in the best interest of the State.
d. Whenever the Attorney General provides for the defense of an employee, the Attorney General may assume exclusive control over the representation of such employee and such employee shall cooperate fully with the Attorney General’s defense.
e. The Attorney General may provide for a defense by an attorney from his/her own staff or by employing other counsel for this purpose or by asserting the State’s right under any appropriate insurance policy which requires the insurer to provide the defense.
LIABILITY CLAIMS INDEMNIFICATION. All property of any kind, placed or moved into the premises shall be at the risk of the Lessee or owner thereof, and Lessor shall not be liable to the Lessee or any other person for any injury, loss or damage to property or to any person on the premises, caused other than by the negligence of the Lessor.
