Exceptions and limitations. There shall be no indemnification
pursuant to this section if it is established that the public employee,
appointee and/or official acted or failed to act because of actual
fraud, actual malice, willful misconduct or damages resulting from
the commission of a crime. The Township Council may, but shall not
be required to, indemnify a public employee, appointee of official
for an award of punitive or exemplary damages resulting from a civil
violation of state or federal law where the Township Council determines,
in its sole and exclusive discretion, that the acts committed upon
which the damages are based did not constitute actual fraud, actual
malice, willful misconduct or an intentional wrong.