Common use of Provision of a Defense Clause in Contracts

Provision of a Defense. The obligations of the District pursuant to this Section 8 shall be conditioned on (a) prompt notification to the District by Superintendent of any claim known to Superintendent; (b) Superintendent's cooperation with the District and the District's legal counsel in defending the claim; and (c) Superintendent not compromising, settling, negotiating or otherwise similarly dealing with the claim without the express consent of the Board. In the event the District has provided a defense pursuant to this Section 8, and a court or other decision-making body having jurisdiction over the matter determines that the act or omission of Superintendent did not occur during the performance of duties hereunder and within the scope of the employment or that the act or omission was willful or wanton, Superintendent shall reimburse the District for reasonable costs of such defense and any final judgment or award paid on Superintendent's behalf by the District.

Appears in 2 contracts

Samples: Superintendent Contract, Superintendent's Contract

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Provision of a Defense. The obligations of the District pursuant to this Section 8 shall be conditioned on (a) prompt notification to the District by Superintendent of any claim known to Superintendent; (b) Superintendent's ’s cooperation with the District and the District's ’s legal counsel in defending the claim; and (c) Superintendent not compromising, settling, negotiating or otherwise similarly dealing with the claim without the express consent of the Board. In the event the District has provided a defense pursuant to this Section 8, and a court or other decision-making body having jurisdiction over the matter determines that the act or omission of Superintendent did not occur during the performance of duties hereunder and within the scope of the employment or that the act or omission was willful or wanton, Superintendent shall reimburse the District for reasonable costs of such defense and any final judgment or award paid on Superintendent's ’s behalf by the District.

Appears in 2 contracts

Samples: Superintendent’s Contract, Superintendent’s Contract

Provision of a Defense. The obligations of the District pursuant to this Section 8 shall be conditioned on (a) prompt notification to the District by the Superintendent of any claim known to Superintendentthreatened or reasonably contemplated claim; (b) Superintendent's full cooperation by the Superintendent with the District and the District's legal counsel in defending the claim; and (c) the Superintendent not compromising, settling, negotiating or otherwise similarly dealing with the claim without the express consent of the Board. In the event the District has provided a defense pursuant to this Section 8, and a court or other decision-making body having jurisdiction over the matter determines that the act or omission of the Superintendent did not occur during the performance of duties hereunder and within the scope of the employment or that the act or omission was willful or wantonwanton or not in good faith, the Superintendent shall reimburse the District for reasonable all costs of such defense and any final judgment or award paid on Superintendent's behalf indemnity actually incurred by the District.

Appears in 1 contract

Samples: Montezuma Cortez

Provision of a Defense. The obligations of the District pursuant to this Section 8 9 shall be conditioned on (a) prompt notification to the District by Superintendent of any claim known to Superintendent; (b) Superintendent's cooperation with the District and the District's legal counsel in defending the claim; and (c) Superintendent not compromising, settling, negotiating or otherwise similarly dealing with the claim without the express consent of the Board. In the event the District has provided a defense pursuant to this Section 89, and a court or other decision-making body having jurisdiction over the matter determines that the act or omission of Superintendent did not occur during the performance of duties hereunder and within the scope of the employment or that the act or omission was willful or wanton, Superintendent shall reimburse the District for reasonable costs of such defense and any final judgment or award paid on Superintendent's behalf by the District.

Appears in 1 contract

Samples: Superintendent Contract

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Provision of a Defense. The obligations of the District pursuant to this Section 8 shall be conditioned on (a) prompt notification to the District by Superintendent of any claim known to Superintendent; (b) Superintendent's full cooperation by Superintendent with the District and the District's its legal counsel in defending the claim; and (c) Superintendent not compromising, settling, negotiating or otherwise similarly dealing with the claim without the express consent of the Board. In the event the District has provided a defense pursuant to this Section 8, and a court or other decision-decision• making body having jurisdiction over the matter determines that the act or omission of Superintendent did not occur during the performance of duties hereunder and within the scope of the Superintendent's employment or that the act or omission was willful or wantonwanton , Superintendent shall reimburse the District for reasonable all costs of such defense and any final judgment or award paid on Superintendent's behalf by the District.

Appears in 1 contract

Samples: Superintendent Contract

Provision of a Defense. The obligations of the District pursuant to this Section 8 shall be conditioned on (a) prompt notification to the District by Superintendent of any claim known to Superintendentthreatened or reasonably contemplated claim; (b) Superintendent's full cooperation by Superintendent with the District and the District's legal counsel in defending the claim; and (c) Superintendent not compromising, settling, negotiating or otherwise similarly dealing with the claim without the express consent of the Board. In the event the District has provided a defense pursuant to this Section 8, and a court or other decision-making body having jurisdiction over the matter determines that the act or omission of Superintendent did not occur during the performance perfor- xxxxx of duties hereunder and within the scope of the employment or that the act or omission was willful or wantonwanton or not in good faith, Superintendent shall reimburse the District for reasonable all costs of such defense and any final judgment or award paid on Superintendent's behalf indemnity actually incurred by the District.

Appears in 1 contract

Samples: Superintendent’s Contract

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