The Village shall defend, indemnify and hold harmless its current
and former compensated employees against any civil, criminal, or administrative
investigation, claims, actions, or proceedings, and any judgments,
fines, liabilities, and other costs thereof, including reasonable
attorney's fees and any amounts paid in any settlement concurred in
by the Village, based upon any act, error, or omission that could
reasonably be construed to be within the exercise of their lawful
duties. The Village reserves the right to deny coverage if its compensated
employees act outside the scope of their duties or act in a willful
or reckless manner.
This article shall not apply to provide defense or indemnification
to any such compensated employee in any such investigation, claim,
action or proceeding instituted by the Village against such compensated
employee.
The foregoing rights shall not be exclusive of any other rights
which any current or former compensated employee may have as a matter
of law. The foregoing rights shall, in the case of the death of such
compensated employee, inure to the benefit of his or her successors.
Unless expressly and specifically approved by resolution of
the Village Board of Trustees, the liability of the Village for payments
hereunder is limited to the extent of the Village's insurance or self-insurance
coverage.