Civil Actions. Except where the Labour/Management Committee considers that there has been flagrant or wilful negligence on the part of an employee, the Employer agrees not to seek indemnity against an employee whose actions result in a judgment against the Employer. The Employer agrees to pay any judgment against an employee arising out of the performance of his/her duties. The Employer also agrees to pay any legal costs incurred in the proceedings including those of the employee.
Civil Actions. The Employer shall pay any judgement, including reasonable legal costs, obtained against the employee relating to the employee's course of employment without the right to recover such costs from the employee unless the conduct of the employee constituted gross or wilful negligence. If the conduct of the employee constitutes gross or wilful negligence the Employer shall not be liable for any costs associated with the employee's conduct and the employee shall indemnify the Employer for any and all costs it may incur as a result of the employee's gross or wilful negligence. If the employee chooses to appeal the original judicial decision s/he shall be solely liable for all legal costs associated with that appeal unless the Employer consents in writing to the employee that it shall support the appeal and pay all reasonable legal costs associated with the appeal on behalf of the employee. The Employer's consent is solely within the Employer's discretion.
Civil Actions. Except where the Joint Committee considers that there has been flagrant or wilful negligence on the part of a team member, the Company agrees not to seek indemnity against a team member whose actions result in a judgment against the Company. The Company agrees to pay any judgment against a team member arising out of the performance of their duties. The Company also agrees to pay any legal costs incurred in the proceedings including those of the team member.
Civil Actions. Where the PJLMC considers that there has not been flagrant or wilful negligence on the part of an employee:
Civil Actions. Claims for damages or restitution of expenses as a result of activities in Area A may be brought in the Contracting State which has or whose nationals or permanent residents have suffered the damage or incurred the expense. The court in which the action is brought shall apply the law and regulations of that State.