- C.
Hold Harmless Provision
-
- In the
event of any legal action against the Board brought in a court
or administrative agency because of its compliance with this
Article, the Association agrees to defend such action, at its
own expense and through its own counsel, provided:
-
- 1.
The
Board notifies the Association promptly in writing and permits
the Association to intervene as a party if it so desires.
-
- 2. The Board gives
full and complete cooperation to the Association and its counsel
in securing and giving evidence, obtaining witnesses and making
relevant information available at both trial and all appellate
levels.
-
- 3. The Association
shall indemnify and hold harmless the Board, its members, officers,
agents and Teachers from and against any and all claims, demands,
actions, complaints, suits, or other forms of liability that
shall arise out of or by reason of action taken by the Board
for the purposes of complying with the above provisions of this
Article, or in reliance of any list, notice, certification, affidavit,
or assignment furnished under any of such provisions.
-
- D. It is expressly
understood that this hold harmless provision will not apply to
any claim, demand, suit or other form of liability which may
arise as a result of willful misconduct by the Board.
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