In any other action or proceeding, the Township
may provide for the defense of a present or former officer, employee
or appointee if the governing body concludes that such representation
is in the best interest of the Township and is in accord with the
standards set forth above.
Whenever the Township provides for the defense
of any action under this article, as a condition of such defense the
Township may assume exclusive control over the representation of such
person(s) defended, and such person shall cooperate fully with the
Township; provided, however, that any person may at any time and at
such person's option take control over representation by waiving all
rights to indemnification and all rights to payment for costs of defense.
The Township, through the Business Administrator,
may provide for the defense pursuant to this article by authorizing
the Township Attorney to act in behalf of the person(s) being defended
or by employing other counsel, pursuant to the New Jersey Local Public
Contracts Law (N.J.S.A. 40A:11-1 et seq.), for this purpose or by
asserting the Township's rights under any appropriate insurance policy
which requires the insurer to provide the defense.