The California Teachers Association (CTA Sample Clauses

The California Teachers Association (CTA will defend the Santa Xxxxx-Xxxxxx School District (District) and the Santa Xxxxx Elementary Education Association (SMEEA) and will hold them harmless against any claim made by any Member who challenges, by the institution of a judicial proceeding or proceeding before the PERB, the constitutional validity of Government Code Section 3540.1(i) and/or Section 3546. The terms and conditions of said defense and indemnity, which inure to the benefit of the District and SMEEA, are set forth as follows: 4.7.1 CTA agrees to defend and indemnify the District and SMEEA against legal action by any Member challenging the constitutionality of Government Code Section 3540.1(i) or 3546. 4.7.2 SMEEA and the District, immediately upon receipt of notice of such legal action against either or both of them, shall inform CTA of such action, provide CTA with all information, documents and assistance necessary for CTA's defense or settlement of such action, and fully cooperate with CTA in providing all necessary witnesses, experts and assistance necessary for said defense. 4.7.3 Upon commencement of such legal action, CTA shall have the exclusive right to decide and determine whether any claim, liability suit or judgment made or brought against the District or SMEEA because of such action shall or shall not be compromised, resisted, defended, tried or appealed. CTA's decision thereon shall be final and binding upon all parties to this Agreement. 4.7.4 CTA, upon its compromise or settlement of such action, shall immediately pay to the parties to such action all sums due under such settlement or compromise. 4.7.5 CTA, upon final order and judgment of a court of competent jurisdiction awarding damages to any Member, shall immediately pay to such Member all sums owing under such order and judgment.
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