[HISTORY: Adopted by the Town Council of the Town of Fenwick Island 5-31-1996 as Ord. No. 76. Amendments noted where applicable.]
Defense and indemnification — See Ch. 9.
No person, joint venture, association, partnership, corporation, limited liability company, trust, guardian or other legal entity, acting on its own behalf or on behalf of any other legal entity, shall institute or file any lawsuit, legal action or claim seeking recovery of damages grounded in tort, in any court of law or equity, in this or any other state, against the Town of Fenwick Island or any of its employees, as defined in 10 Del.C., Section 4010(a), unless notice of the occurrence forming the basis of the claim or action is given to the town within one year of the date of occurrence.
Such notice shall be in writing and shall be delivered to the Town Manager at the Town Hall in Fenwick Island, Delaware. The notice shall particularly describe the occurrence and the nature of the claim, shall state the date and place of the occurrence and the name and address of each claimant for whom the notice is being given.
Such notice shall be deemed to be a condition precedent to the filing of suit and failure to provide such notice within one (1) year of the date of the occurrence shall be an absolute defense against any such claim, action or suit.