ASBESTOS INDEMNITY AGREEMENT

 

School District No. 1 of the City of Columbus, Columbus, Nebraska hereby agrees to indemnify the following individuals for all activities and duties undertaken by them from the beginning of the asbestos program on the 22nd day of October, 1986 in the performance of their duties and responsibilities as mandated by the Federal Asbestos Hazard Emergency Response Act, as amended 1988, and all regulations issued pursuant thereto (both federal and state):

 

            Designated Person:  Director of Buildings and Grounds

 

            Administrators:

 

            All administrators employed by Columbus Public Schools

 

            Board of Education:

 

            All individual members of the Board of Education that may have served in such

            capacity from the beginning of such asbestos program, as above stated and

            continuing during all such duties and responsibilities in connection with said

            Federal Asbestos Hazard Emergency Response Act.    

 

This indemnity applies from the beginning of such activities, as above stated to reimbursement of actual and reasonable attorney's fees incurred by said individuals and extends to payment of damage awards, which may be awarded based on the activities of said individuals undertaken in the performance of their duties and responsibilities as mandated by the Federal Asbestos Hazard Emergency Response Act as amended 1988, and all regulations issued pursuant thereto (both federal and state).  PROVIDED, HOWEVER, that no such person shall be indemnified against, or be reimbursed for any expense incurred or damages awarded in connection with any threatened, pending or completed action, suit, claim or proceeding, whether civil, criminal, administrative or investigative arising out of his or her own unlawful or criminal act; willful or intentional misconduct; or gross negligence.

 

Any person to be indemnified herein shall give written notice by certified mail to the School Board of Columbus Public Schools of any act or occurrence involving any action, suit, claim or proceeding, whether civil, criminal, administrative or investigative indemnified against herein, within 15 days after the happening of such act or occurrence.

 

This Indemnity Agreement shall remain in full force and effect unless it is amended in writing and/or revoked in writing with proof of service upon the individuals named herein.  In the event the Indemnity Agreement is terminated said individuals have no further responsibilities to act under the federal or state guidelines, regulations and statutes referred to herein.

 

Policy                                                                           COLUMBUS PUBLIC SCHOOLS

Adopted:   March 13, 1989                                          Columbus, Nebraska

Amended: August 12, 1991

Amended: December 12, 1994 

Amended: January 11, 1999

Amended:  June 11, 2007