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NOW THEKEFORE BE IT RESOLVED BY THE LOWER ~U~ RIVER KATERS~ED <br />M~NAGEMENT ORGANIZATION. <br /> <br />Defense and Indemnification. The Organization shall <br />defend, save harmless and indemnify any of its Officers <br />and Commissioners against any tort, claim or demand, <br />whether groundless or otherwise, ~rising out of an alleged <br />act or omission occurring in the performa~]ce of their <br />official duties. This responsibility to defend and <br />indemnify does not apply in cases of malfeasance in office <br />or willful or wanton neglect of duty. <br /> <br />Defense Counsel. The Organization will designate the <br />Organization's Attorney or legal counsel representing an <br />insurance carrier for a Member City which insurance may <br />provide coverage to defend the Commissioner and/or <br />Organizetion Officers against such lawsuits,, wherein the <br />Commissioner or Organization Officer is individually <br />named as defendant. The Organization shall continue to <br />represent the Commissioner or Organization Officers if <br />the decision is appealed to a higher court, or the <br />Organization may authorize the appeal of any decision <br />against the Officer or Commissioner to a higher.court. <br /> <br />Riqht to Personal Counsel. The provisions of this <br />Resolution shall not supersede or preclude the Officer's <br />or Commissioner's right to retain at his or her own expense <br />his personal legal counsel to provide for his defense. <br />The determination as whether to use the Organization's <br />legal counsel, for which the. Organization shall be <br />responsible for defense costs, or whether the Officer or <br />Commissioner chooses to use his or her own individual <br />counsel at his or her own expense, shall be at'his or her <br />option, and if the official selects his or her own <br />attorney, this shall relieve the Organization from all <br />present and future obligations as they relate to any <br />defense or indemnification of the officer or employee for <br />the alleged tort, claim or demand. <br /> <br />Attest: <br /> <br />Chairman <br /> <br /> Secretary <br /> <br /> Member <br />Resolution. Member <br />following voted in favor: <br /> <br />moved the adoption of the aforestated <br /> seconded the Motion. The <br /> <br />~o~owin~ voted in opposition: <br /> <br /> <br />