94-180 Ordinance - Laserfiche WebLink

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.,~..r._~w . 07=Dec-1994 D R A F T T H R E E Risk Management Program provided in this Agreement. Each party agrees to promptly notify the other in writing of any claim or liability which it reasonably believes not to be covered under this section. Failure by Authority to give such notice will not be a waiver of its right to indemnification. Authority shall tender, and the City shall promptly accept tender of, defense in connection with any claim which the City has agreed in writing that, based on the face of the claim the Indemnified Parties are entitled to indemnification under this section. If within ten (10) days after receipt of said notice from the Authority of a claim or liability the City fails to advise the Authority in writing that the City agrees that the Indemnified Parties are entitled to indemnification under this section based on the face of such claim or liability, Authority, without waiving or prejudicing any claim or right it may have to indemnification under this section (including the recovery of legal fees and expenses), may retain its own counsel and present its own defense in connection with such claim or liability. 21.2 The Parties agree that the indemnification provisions shall be subject to the Risk Management Program set forth in this Agreement. The indemnities contained herein shall survive the termination of this Agreement. 21.3 Notwithstanding any other provision contained in this Agreement, the Parties specifically agree as follows with respect to the Authority's obligation to indemnify the City for back wages awarded by a federal or state court of competent jurisdiction to an employee of the City's bus line who has been wrongfully discharged or disciplined as a result of policies required by the terms of this Agreement. If an employee is disciplined or discharged as a direct result of -25-