Hold Harmless and Indemnify. 5.9.1 The Federation shall indemnify, defend, and hold harmless the District, its Board Members, and any employee, agent, or other representative acting within the scope of its/their duty against all claims, demands, suits, or other forms of liability before PERB or any other administrative or judicial body challenging the legality or constitutionality of the dues deduction. 5.9.2 The Federation’s indemnity shall include, but not be limited to wages, damages, judgments, fees, fines, court costs, attorney fees, and any back pay, or other penalties awarded by any court, arbitrator, or PERB order, judgment or settlement. The Federation;s indemnity shall not apply to the District’s failure to implement its ministerial duty as required by contract. 5.9.3 The Federation shall have the exclusive right to decide and determine whether any such claims or suits referred to in the above referenced paragraphs shall or shall not be compromised, resisted, tried, or appealed. (Article 5 revised 9/6/2019)
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement