Pursuant to N.J.S.A. 59:10-4, the Borough of Riverton will defend
and indemnify its employees and its elected and appointed officials
and former employees, former elected officials and former appointed
officials to the same extent, in the same manner and for the same
reasons as the State of New Jersey may do for its employees pursuant
to N.J.S.A. 59:10-1 et seq. and N.J.S.A. 59:10A-1 et seq.
The Borough of Riverton shall refuse to provide defense and/or
indemnification for the same reasons that the State of New Jersey
may refuse same, that is, if:
A. The act or omission was not within the scope of employment; or
B. The act or the failure to act was because of fraud, willful misconduct
or actual malice.