BOOKER, BRIAN-2015 - Laserfiche WebLink

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D. Consents to representation by counsel of CITY'S choosing in the Lawsuit under these circumstances. 3. Reservation of Rights A. Under California Government Code section 825(a), the CITY reserves its rights not to pay any judgment, compromise or settlement on behalf of BOOKER until it is established that the injury complained of in the above - referenced action arose out of an act or omission occurring within the scope of BOOKER'S position and duties as a. Police Officer employed by the CITY. B. Under California Government Code section 825.6(a), if the CITY pays any portion of a judgment, compromise or settlement on behalf of BOOKER in connection with the lawsuit, the CITY reserves its right to seek indemnity for such payment from BOOKER, unless BOOKER establish that the action complained of in the Lawsuit arose within the scope of BOOKER'S positions and duties as an employee of the CITY and the CITY cannot establish that BOOKER's actions were the result of actual fraud, corruption or actual malice. C. Under California Govemrent Code section 825.2(b), if the CITY does not pay any portion of ajudgment, compromise or settlement on BOOKER'S behalf in connection with the Lawsuit, BOOKER may seek recovery of such amount from CITY only if BOOKER establishes that the act or omission upon which the claim or judgment is based occurred within the scope of BOOKER'S position and duties as a Police Officer of the CYTY and if the CITY fails to establish that BOOKER acted or failed to act because of actual fraud, corruption, or actual malice, or that BOOKER willfully failed or refused to conduct the defense of the claim or action in good faith, or to reasonably cooperate in good faith in the defense conducted by CITY. 4. Execution of Other Documents BOOKER and the CITY hereto agree that they will cooperate with each other and will execute and deliver, or cause to be delivered, all such other instrnunents, and will take all such other actions, as any party hereto may reasonably request from time to time in order to effectuate the provisions and purposes hereof. Attornev's Fees If BOOKER or the CITY must bring an action to interpret or enforce any provision of this Agreement, or arising out of a misrepresentation contained in this Agreement, then the prevailing party shall be entitled to recover its actual attorneys' fees incurred in connection with such action. 6. Severability If any, Provision of this Agreement or application to any party or circumstances shall be determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder of this Agreement or the application of such provision to such person or eircunnstances, other than as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision shall be valid and shall be enforced to the fullest extent perrnitted by law.