Recovery of Reasonable attorneys’ fees. The Town shall not be liable for the acts or omissions of a mayor or commissioner committed while acting outside the course and scope of their service in office or committed in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property. If the Town’s insurance policy allows the right to decline settlement and the mayor or commissioner declines to settle the administrative action as recommended by the insurance company or if the mayor or commissioner refuses to cooperate with the insurance company in its defense of the claim, he or she shall be responsible for the payment of all attorneys’ fees, costs and other expenses that exceed the proposed settlement amount regardless of whether the mayor or commissioner was found to be at fault or not. In such instances where the Town has provided a defense, yet the mayor or commissioner was found to be at fault or personally liable for injury or damages, the mayor or commissioner shall reimburse the Town for any legal fees, costs, and expenses the Town has incurred or otherwise paid on their behalf in connection with the alleged conduct. Further, if the Town’s insurance coverage excludes any reimbursements, fees or costs, the mayor or commissioner shall reimburse the Town for the same. Any payments owed to the Town shall become due and payable within thirty (30) days of the final judgment, including the conclusion of any appeal or within thirty (30) days of any settlement, if applicable. EXHIBIT A – Page 2 of 3
Appears in 4 contracts
Samples: Manager Agreement, Town Manager Agreement, Town of Sewall’s Point Town Manager Agreement
