The Village shall defend, indemnify and hold harmless its current
and former noncompensated Trustees, commissioners, board members,
officers, and officials 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.
This article shall not apply to provide defense or indemnification
to any such Trustee, commissioner, board member, officer, or official
in any such investigation, claim, action or proceeding instituted
by the Village against such Trustee, commissioner, board member, officer,
or official.
The foregoing rights shall not be exclusive of any other rights
which any current or former noncompensated Trustee, commissioner,
board member, officer, or official may have as a matter of law. The
foregoing rights shall, in the case of the death of such Trustee,
commissioner, board member, officer, or official, inure to the benefit
of his or her successors.
The liability of the Village for payments hereunder may be insured
to the extent permitted by law but to the extent not insured shall
be payable out of the funds and monies of the Village.