LEGAL INDEMNIFICATION Clause Samples
A legal indemnification clause requires one party to compensate the other for certain losses, damages, or legal liabilities that may arise in connection with the agreement. Typically, this clause specifies the types of claims covered, such as third-party lawsuits or regulatory penalties, and outlines the process for seeking indemnification, including notice requirements and defense obligations. Its core practical function is to allocate risk between the parties, ensuring that the party best positioned to control or prevent certain risks bears the financial responsibility if those risks materialize.
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LEGAL INDEMNIFICATION. 34.1 Subject to the other provisions of this Article, a member charged and finally acquitted of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a Civilian member shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges, provided that such necessary and reasonable legal costs shall not exceed $260.00 per hour in respect of a lawyer performing the work, or $90.00 per hour in the event that a para-legal is performing the work.
34.2 Notwithstanding clause 34.1, the Board may refuse payment otherwise authorized under clause 34.1 where the actions of the Civilian member from which the charges arose mounted to a dereliction of duty or abuse of his/her powers as a Civilian member of the Service.
34.3 Where a member is a defendant in a civil action for damages because of acts done in the attempted performance in good faith of his/her duties as a member of the Service, and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or otherwise, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the following circumstances only:
34.3.1 Where the Chief of Police is not joined in the action as a party pursuant to Section 50 of The Police Services Act, or the Chief of Police does not defend the action on behalf of himself/herself and of the member as joint tort-feasors at the Board's sole expense;
34.3.2 Where the Chief of Police is joined as a party and the Board elects to defend the action, but the solicitor retained on behalf of the Board is of the view that it would be improper for him/her to act for both the Chief of Police and the member in that action. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article.
34.3.3 A member who is a suspect in a criminal investigation shall be granted legal indemnification on the terms set out in this article beginning at the point in the criminal investigation where a caution is to be given to the member.
34.4 A member of the Service who is requested or subpoenaed to appear before an inquiry initiated under Section 25 or Section 26 of The Police Services Act, or whose conduct is called into question as a result of a citizen's complaint or in the course of an inquiry under the Coroner's Act, the Public Inquiries Act or a Royal Commi...
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence because of acts done in the performance or attempted performance of his employment or duties, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.
(B) Members shall not be indemnified for legal costs arising from the actions or omissions of members acting in their capacity as private citizens. For the purpose of Clause 29.1 (A) a Member: shall be deemed to have been "Finally Acquitted", where charges are withdrawn or where he is discharged following a preliminary inquiry; and shall be deemed not to have been "Finally Acquitted" where the member is given an absolute or conditional discharge or where, if as a result of charges laid he is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
29.2 When a member is a defendant in a civil action for damages because of acts done in the course of his employment or duties he shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the following circumstances only:
(i) where the Board is not joined in the action as a party pursuant to s. 50 of the Police Services Act, and the Board does not defend the action on behalf of itself and the member as joint tortfeasors at the Board's sole expense;
(ii) where the Board is joined as a party or elects to defend the action, but the Solicitor retained on behalf of the Board and the member is of the view that it would be improper for him to act for both the Board and the member in that action.
29.3 Where during an inquest under the Coroner's Act a member's conduct is called into question because of acts done in the performance of his duties, the member shall be indemnified for any necessary and reasonable legal costs directly arising from the protection of the member's interest at such inquiry, but only if:
(i) the Chief of Police or the Board does not provide counsel to represent the York Regional Police, at the Board's expense; or
(ii) in the opinion of counsel retained by the Chief of Police or the Board to represent the York Regional Police, it would be improper for him to represent the member and the Chief and/or the Board before that inquiry.
29.4 To qualify for financial ...
LEGAL INDEMNIFICATION. A. If the Employer determines that a bargaining unit member did not engage in conduct beyond the scope of the bargaining unit member's authority or which constituted willful misconduct or gross negligence in the performance of the bargaining unit member's duties, upon request the Employer agrees to provide for the legal defense of the bargaining unit member in any civil legal action brought against the bargaining unit member as a result of the performance of the bargaining unit member's duties.
B. The bargaining unit member must request in writing that the Employer provide the legal defense services available under this Article within five (5) working days of service of summons and complaint on the bargaining unit member. The summons and complaint shall accompany the request. The postmark on the bargaining unit member's request shall be accepted as the date of request by the Employer. Failure to submit a written request within the required five (5) working days relieves the Employer of any obligation under this Article.
C. The Employer shall have the right to determine which attorney shall represent the bargaining unit member. If the bargaining unit member objects to the attorney provided by the Employer, the bargaining unit member may request that the Employer appoint another attorney. The bargaining unit member may make only one (1) such request.
D. If the Employer determines that the bargaining unit member did not engage in conduct beyond the scope of the bargaining unit member's authority or which constituted willful misconduct or gross negligence, the Employer agrees to compensate the bargaining unit member at the bargaining unit member's normal rate of pay including per diem without loss of any benefits or seniority to the bargaining unit member; upon a reasonable showing by the bargaining unit member of need, an absence from work will be allowed to prepare the bargaining unit member's case for negotiation or trial. The Employer also agrees to pay any judgment rendered against the bargaining unit member if the Employer has provided legal services to the bargaining unit member pursuant to this Article.
E. The Employer may undertake the defense of a bargaining unit member pursuant to this Article with reservation. If the Employer has provided legal services under reservation, the obligation to pay a judgment against the bargaining unit member is not operative until final determination is made by the Employer of the bargaining unit member's eligibility ...
LEGAL INDEMNIFICATION. 16.1 Except where there has been gross negligence or malicious or willful misconduct on the part of an employee, the College will:
a) indemnify and save harmless employees from any liability action arising from the proper performance of his/her duties for the College; and
b) assume all costs, legal fees, and other expenses arising from any such action in accordance with the existing University College and Institute Protection Program, Self-Insured Comprehensive General Liability coverage.
LEGAL INDEMNIFICATION. Lakehead University’s Legal Indemnification Policy (June 17, 1999) is attached for information only. The Board undertakes to negotiate with the Association any proposed non-trivial changes to Lakehead University’s Legal Indemnification Policy and Procedures which may affect members. The parties agree that the Vice-President (Administration & Finance) shall ensure that Lakehead University’s Legal Indemnification Policy (June 17, 1999 and/or any further revisions) is followed in a fair and consistent manner.
LEGAL INDEMNIFICATION. 20.01 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.
LEGAL INDEMNIFICATION. 42.01 The Employer acknowledges the principal of vicarious liability and any other rights conferred under any law of Canada or Alberta with respect to responsibility for Employees acting reasonable and without negligence while carrying out the duties of their employment. The limit of the Employer's liability will be to the maximum of the liability insurance carried by the Employer.
LEGAL INDEMNIFICATION. Subject to the other provisions of this Article, a member charged with but not found guilty of a criminal or statutory offence, because of acts done in the attempted performance in good faith of his/her duties as a member of the Service, shall be indemnified for the necessary and reasonable legal costs incurred by the member during the investigation of the incident that resulted in those charges being laid and for the necessary and reasonable legal costs incurred by the member in the defence of such charges.
LEGAL INDEMNIFICATION. 20.01 The Employer shall indemnify a Member for reasonable legal costs incurred,
(a) In the defence of a Civil Action,
(b) In the defence of a Criminal prosecution, excluding a Criminal prosecution in which a Member is found guilty of a Criminal offence,
(c) In the defence of a Statutory prosecution,
(d) In respect of any other proceeding in which the Member's manner of execution of the duties of the Member’s employment was in issue. Without limiting the generality of "any other proceeding", such proceeding shall include a Coroner's Inquest, a Board of Inquiry under Part VI of the Police Services Act, and any investigation or inquiry under Part II of the Police Services Act.
20.02 A Member shall not be indemnified under this Article for legal costs arising from:
(a) A grievance or complaint under the Collective Agreement between the Employer and the Association,
(b) An act or omission of the Member acting in their capacity as a private citizen,
(c) A discipline charge under the Police Services Act and Regulations,
(d) A Member's appeal to a Board of Inquiry.
20.03 The Employer shall provide funds to a Member who is eligible for legal indemnification under this Agreement for a retainer and for interim payment of legal costs as reasonably requested by the Member's counsel, upon application by the Member, which application may be made on the following basis:
(a) It appears that the Member is entitled to indemnification of the costs for legal counsel arising under this Agreement, and in the case of a Criminal charge where the actions of the Member in connection with the Criminal charge appear to be consistent with the attempted performance in good faith of their duties as a Member,
(b) The funds applied for do not exceed the greater of $2,000.00 or 50 percent of reasonable legal costs, and in the event of a dispute, shall be determined by the Employer's solicitor. If the interim legal costs increase over time, the Member may apply for additional funds within the terms of this Article,
(c) The Member shall undertake to indemnify the Employer for such funds if the Member is not entitled to indemnification in accordance with this Agreement.
LEGAL INDEMNIFICATION. 39.01 As a matter of good corporate governance and in accordance with the provincial regulatory environment, the Employer will maintain comprehensive professional and general liability insurance for all Employees. The Employer will maintain the insurance policy in good standing and will pay one hundred percent (100%) of the premium cost. In accordance with the certificate of insurance, the Policy covers all activities by Employees at all locations while acting under the direction of the Employer including but is not limited to general liability, professional liability or employee dishonesty. The Employer will provide a letter to the Union confirming that insurance is complete and will include an extract from the contract of insurance.